FERGIN v. WESTROCK CO.

No. 18-3502.

955 F.3d 725 (2020)

Michael FERGIN Plaintiff-Appellant, Ace American Insurance Company Plaintiff v. WESTROCK COMPANY Defendant Magnum LTL, Inc.; XPO; Magnum Dedicated, Inc. Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: April 9, 2020.


Attorney(s) appearing for the Case

George Hamilton Moyer, Jr. , Moyer & Moyer, Madison, NE, for Plaintiff-Appellant Michael Fergin.

Joel M. Carney , Goosmann Law Firm, Omaha, NE, for Plaintiff Ace American Insurance Company.

Steven Jerome Olson , Fitzgerald & Schorr, Omaha, NE, for Defendant-Appellee Magnum LTL, Inc., Magnum Dedicated, Inc.

Michael L. Moran , Stephen G. Olson, II , Engles & Ketcham, Omaha, NE, for Defendant-Appellee XPO.

Before SMITH, Chief Judge, LOKEN and GRASZ, Circuit Judges.


The Carmack Amendment requires certain common carriers to "issue a receipt or bill of lading for property." 49 U.S.C. § 14706(a)(1). They are then "liable to the person entitled to recover under the ... bill of lading" "for the actual loss or injury to the property." Id....

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