Lewis Brisbois recently won a preanswer motion to dismiss all state law and personal injury claims against our client, a trucking company, in New Jersey Superior Court.
In the complaint, the plaintiffs asserted that their personal property became infested with mice and rodents during its shipment from Washington to New Jersey. As a result of the infestation, the plaintiffs claimed severe allergic reactions and respiratory illnesses. The plaintiffs sought an award of damages under theories of negligence and other state law claims.
We argued that the Carmack Amendment (49 U.S.C. ยง 14706) to the Interstate Commerce Commission Termination Act of 1995 preempted the plaintiffs' state law laims. The court agreed, noting hat the plaintiff's allegations fell squarely within the Carmack Amendment's broad definition of interstate transportation. The court dismissed the personal injury and state law claims without prejudice and allowed the plaintiff 45 days to file an amended complaint to make additional allegations that comply with federal law. After the plaintiffs filed an amended complaint, Lewis Brisbois refiled its motion to dismiss, arguing that the additional allegations still failed under the Carmack Amendment. The court reaffirmed its prior ruling and this time dismissed the personal injury and state law claims with prejudice.
New Jersey Partner Michael L. Trucillo handled the case.