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5K LOGISTICS, INC. v. DAILY EXP., INC.

No. 10-1907.

659 F.3d 331 (2011)

5K LOGISTICS, INCORPORATED, Defendant/Third Party Plaintiff-Appellee, and Dominion Resources Services, Incorporated, Plaintiff, v. DAILY EXPRESS, INCORPORATED, Third Party Defendant-Appellant, and Thermal Engineering International USA, Incorporated, Third Party Defendant.

United States Court of Appeals, Fourth Circuit.

Decided: October 21, 2011.

Attorney(s) appearing for the Case

ARGUED: Robert G. Rothstein , Franklin & Prokopik PC, Herndon, Virginia, for Appellant. Mark T. Coberly , Vandeventer Black, LLP, Norfolk, Virginia, for Appellee. ON BRIEF: Anne G. Bibeau , Vandeventer Black, LLP, Norfolk, Virginia, for Appellee.

Reversed and remanded by published opinion. Judge WILKINSON wrote the opinion, in which Judge NIEMEYER and Judge FLOYD joined.

OPINION

WILKINSON, Circuit Judge:

The Carmack Amendment to the Interstate Commerce Act, 49 U.S.C. § 14706, sets up a framework for the timely filing of claims against carriers for damaged cargo. In this case, it is undisputed that neither the shipper nor the shipping broker filed either a claim or a lawsuit within the prescribed time limitations. Were we to create some exception to the statutorily authorized...

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