49 U.S.C. § 13103
Remedies as cumulative
Except as otherwise provided in this part, the remedies provided under this part are in addition to remedies existing under another law or common law.
Notes of Decisions
Cited in 26
cases (2 in the last 5 years), 1998–2021 · leading case: Val's Auto Sales & Repair, LLC v. Garcia, 367 F. Supp. 3d 613 (E.D. Ky. 2019).
Val's Auto Sales & Repair, LLC v. Garcia, 367 F. Supp. 3d 613 (E.D. Ky. 2019). “To support this argument, Val's asserts, "The Carmack Amendment itself recognizes that state law claims are not necessarily preempted" and cites to 49 U.S.C. § 13103 , a savings clause, which states, "Except as otherwise provided in this part, the remedies provided under this…”
S. Furniture Leasing v. YRC, 989 F.3d 1141 (10th Cir. 2021). “” 49 U.S.C. § 13103 . Yet application of the 180-day requirement to all 4 Section 14101(b)(2) provides that “[t]he exclusive remedy for any alleged breach of a contract entered into under this subsection shall be an action in an appropriate State court or United States district…”
Fulfillment Servs. Inc. v. United Parcel Serv., Inc., 528 F.3d 614 (9th Cir. 2008). “Even if § 13103 were read to allow a court to impose equitable or other remedies in the event of a successful § 14704(a)(2) claim, the provision does not eliminate § 14704(a)(2)’s basic requirement that a plaintiff allege damages. In other words, the plain language of §…”
South Dakota Ex Rel. South Dakota R.R. Auth. v. Burlington N. & Santa Fe Ry. Co., 280 F. Supp. 2d 919 (D.S.D. 2003). “” 49 U.S.C. § 13103 . The motor carrier provisions contain no preemption provision analogous to section 10501.”
In Re Hawaiian & Guamanian Cabotage Antitrust Litig., 754 F. Supp. 2d 1239 (W.D. Wash. 2010). “Plaintiffs now as *1249 sert that the “savings clause” of the ICC-TA, which states that “the remedies provided under this part are in addition to remedies existing under another law or common law,” 49 U.S.C. § 13103 , renders the filed rate doctrine obsolete.”
Owner-Operator Indep. Drivers Ass'n v. Landstar Sys., Inc., 541 F.3d 1278 (11th Cir. 2008). “The Savings Clause provides that, “[ejxcept as otherwise provided in this part, the remedies provided under this part are in addition to remedies existing under another law or common law.”
Owner-Operator Indep. Drivers Ass'n v. Landstar Sys., Inc., 622 F.3d 1307 (11th Cir. 2008). “The Savings Clause provides that, “[e]xeept as otherwise provided in this part, the remedies provided under this part are in addition to remedies existing under another law or common law.”
Lamm v. Bekins Van Lines Co., 139 F. Supp. 2d 1300 (M.D. Ala. 2001). “The re-codified Carmack Amendment is accompanied by a “savings clause” in 49 U.S.C.A. § 13103 , entitled “Remedies as cumulative”: “Except as otherwise provided in this part, the remedies provided under this part are in addition to remedies existing under another law or common…”
Arctic Express, Inc. v. Del Monte Fresh Produce NA, Inc., 366 B.R. 786 (S.D. Ohio 2007). “Arctic argues that its state-law claims survive despite the ICA statute of limitations because the savings clause of the ICA states that, “[e]xcept as otherwise provided .”
Frey v. Bekins Van Lines, Inc., 802 F. Supp. 2d 438 (E.D.N.Y 2011). “In so holding, the court relied on the plain language of 49 U.S.C. § 13103 , which states, “except where otherwise provided in this part, the remedies provided under this part are in addition to remedies existing under another law or common law.”
Owner-Operator Indep. Drivers v. Landstar Sys., 622 F.3d 1307 (11th Cir. 2010). “The Savings Clause provides that, "[e]xcept as otherwise provided in this part, the remedies provided under this part are in addition to remedies existing under another law or common law.”
Rosenthal v. United Van Lines, LLC, 174 F. Supp. 2d 1331 (N.D. Ga. 2001). “” 49 U.S.C. § 13103 . (emphasis added). Additionally, the Supreme Court in *1337 Adams Express concluded that the savings clause preserved rights and remedies “not inconsistent with the rules and regulations” of the Interstate Commerce Act.”
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