- 75 -
While we need not specifically decide whether Federal law
preempts State insurance laws with respect to petitioner's excess
value activity, we believe that petitioner was well aware of the
preemption position and had good reason to believe that it
33(...continued)
value of the lost package, from petitioner. On appeal,
petitioner advanced the position that
Congress clearly intended the Carmack Amendment to
preempt all state regulation of claims against common
carriers for interstate ground shipments, and the
Supreme Court has specifically so held * * *
[Appellant's Opening Brief at 14, United Parcel Serv.,
Inc. v. Smith, supra.]
The Indiana Court of Appeals concluded that "49 U.S.C. � 10101 et
seq., the Interstate Commerce Act, and specifically those
portions known as the Carmack Amendment, preempt all state
regulation of interstate ground shipments." Id. at 3 (fn. ref.
omitted).
In Simmons v. United Parcel Serv., 924 F. Supp. 65 (W.D.
Tex., 1996), Mr. James W. Simmons filed suit in the State
District Court of Bexar County, Texas against petitioner
regarding two 1994 excess value shipments. Mr. Simmons sought to
recover $49,000 in damages. On motion by Mr. Simmons to remand
to the State Court, petitioner alleged that the Carmack Amendment
completely preempted all State law claims. The court stated:
Under the "complete pre-emption doctrine," once an area
of state law has been completely pre-empted, any claim
purportedly based on that pre-empted state law is
considered, from its inception, a federal claim, and
therefore arises under federal law. * * * Both the
Supreme Court and the Fifth Circuit have held that the
Carmack Amendment preempts all state law claims against
a common carrier. * * * [Id. at 67 (citing Adams
Express Co. v. Croninger, 226 U.S. 491 (1913); Moffit
v. Bekins Van Lines, Co., 6 F.3d 305 (5th Cir. 1993)).]
The court held that the "complete pre-emption" doctrine applied
and that removal from State court was proper. See id.
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