Phoenix Team Publishes Article on Carmack Amendment for The Transportation Lawyer
Phoenix, Ariz. (May 10, 2019) – Phoenix Partner Julie E. Maurer, and Associates James M. Duncan and David C. Clukey recently published an article in The Transportation Lawyer Feature Articles section titled “Carmack Preemption of Damage to Real Property – Watch Your Step!” The Carmack Amendment was adopted by Congress in 1935 to achieve uniformity in interstate shipments, and spells out the rights, responsibilities and liabilities of shippers and carriers in regards to cargo loss.
The article charts courts’ interpretation of the Carmack Amendment throughout its history, from the Supreme Court’s broad holding in 1936, to various circuit court and district court interpretations over the ensuing decades. Citing numerous cases, the authors explore how some judicial holdings undermine the original intent of Congress in adopting the Carmack Amendment. The article concludes that the Ninth Circuit’s broad interpretation of the Carmack Amendment, with its “focus upon the conduct rather than the harm” is most consistent with the true purpose of the Carmack Amendment, allowing for national uniformity in the liability assigned to carriers.
Ms. Maurer and Messrs. Duncan and Clukey are all member of Lewis Brisbois’ National Transportation Practice focusing on cargo litigation throughout the country. They routinely represent commercial clients in transportation matters, including claims of freight loss and damages. Ms. Maurer was recently profiled in the firm’s March 2019 Transportation Update.