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17-2747 - Chisesi Brothers Meat Packing Company, Inc. v. Transco Logistics, Co., et al


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17-2747 - Chisesi Brothers Meat Packing Company, Inc. v. Transco Logistics, Co., et al
May 18, 2017
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ORDER AND REASONS granting in part and denying in part 7 Motion to Dismiss Party. The plaintiff's state law claims for negligence and breach of contract against Transco are DISMISSED with prejudice, but the Carmack Amendment claim remains pending. The plaintiff has leave to amend its complaint within 14 days from the date of this Order. FURTHER ORDERED that the hearing date for Travelers motion to dismiss is hereby continued to June 14, 2017, to be heard on the papers. Signed by Judge Martin L.C. Feldman on 5/18/2017. (clc)
June 14, 2017
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ORDER AND REASONS granting in part and denying in part 8 Motion to Dismiss for Failure to State a Claim. The motion is GRANTED insofar as Chisesi's claim against Travelers for bad faith is preempted by the Carmack Amendment and is DISMISSED with prejudice. The motion is DENIED insofar as the Court finds that Chisesi's direction action suit is sufficiently pled and is not preempted by the Carmack Amendment. Chisesi's direct action suit is limited to the claims available to it against Transco, namely, the Carmack Amendment claim. Signed by Judge Martin L.C. Feldman on 6/14/2017. (clc)