- 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.Page: Previous 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 Next
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