Court Decision – Held that the Carmack Amendment does not completely preempt claims against freight brokers so as to support the exercise of removal jurisdiction (i.e., from state court where case originally brought over to federal court), in granting Plaintiff’s motion to remand case to state court.

Note that in denying Plaintiff’s requests for costs against defendant for improvident removal, the court observed: the “Carmack Amendment’s application to claims against brokers in addition to carriers is an unsettled area, and a well-supported, if ultimately unsuccessful, argument in favor of removal is hardly improvident.”

Curb Technologies v. Somerset Logistics, LLC, Case No. 3:13-CV-36-WKW[WO] (U.S. District Court for the Middle District of Alabama, July 8, 2013. Free copy of court-issued opinion available here.