Transportation Industry News Spring
2017 It’s in the Details: Drafting an Effective 3 Reservation of Rights Letter Not Without My Permission: Confidentiality and Release of 4 Information Under the DOT Drug and Alcohol Testing Process Passenger Vehicles and the Internet of 5 Things: The Tide Is Turning Team Directory 7
SO, YOU WANT TO BE IN FEDERAL COURT? Fredric Marcinak | fredric.marcinak@smithmoorelaw.com If you are a motor carrier or broker defending a claim
In
of any sort, you generally want to be in Federal Court
cryopreserved embryos intrastate within the State
rather than State Court. But this is especially true on
of Florida. The embryos were allegedly mishandled
cargo claims. Federal judges are typically more familiar
and damaged during their transportation to a storage
with the law governing cargo claims, are more likely
facility. As a result, plaintiffs brought suit against the
to enforce contractual terms limiting the claimant’s
medical providers involved and also against UPS, the
liability, and are more likely to grant summary judgment
defendant carrier. Plaintiffs alleged negligence against
in favor of defendants. It is no secret that for these
UPS for its handling and storage of the embryos during
reasons brokers and carriers prefer to be in Federal
their transportation across Florida.
Court. But until recently it was unclear whether brokers
the
Desiree
Luccio
case,
plaintiffs
shipped
and carriers have the ability to remove a case from
UPS removed the case to Federal Court, contending that
State Court to Federal Court where the cargo claim at
there was federal question jurisdiction under 28 U.S.C.
issue arose from intrastate transportation. The recent
§§ 1331 and 1337 because plaintiff’s complaint alleged
case of Desiree Luccio and Reed Frerichs v. UPS Co., 2017
a violation of state law which is preempted under the
WL 412126 (SD Fla. Jan. 31, 2017), clarifies that these
Federal Aviation Administration Authorization Act of
claims can be removed to Federal Court.
1994 (“FAAAA”), 49 U.S.C. §§ 14501(c)(1) and 41713(b)
Continued on Page 2