Cavu Copters v. F&L Helicopter Transport
The plaintiff, a helicopter tour company, contracted with the defendant for the transport of an antique helicopter from Alabama to Rhode Island. The plaintiff's complaint, filed in Rhode Island Superior Court, alleged that the helicopter was damaged during transit, and brought claims under several state law theories of liability seeking damages for the cost of repairs as well as significant consequential damages and loss of business damages.
Brian P. Voke, senior shareholder of Campbell Trial Lawyers, filed an immediate motion to dismiss the plaintiff's complaint on the grounds that all of the plaintiff's state law claims were preempted by the Carmack Amendment to the Interstate Commerce Act.
The Rhode Island Superior Court granted the defendant's motion to dismiss, and dismissed the plaintiff's claims against F&L Helicopter Transport in their entirety, thus saving the defendant the costs of undertaking any discovery.
The Carmack Amendment to the Interstate Commerce Act, 49 U.S.C. Section 14706 et seq., creates a uniform nationwide system for the liability of interstate carriers which provides certainty to both carriers and shippers. The U.S. Supreme Court, U.S. circuit courts, and state courts have uniformly held that the Carmack Amendment preempts all state and common law claims against carriers, and provides the sole and exclusive remedy to shippers for loss or damage to goods in interstate transit. The Carmack Amendment specifically allows a carrier to require that all claims for loss or damage by a shipper be made in writing within nine months from the date of the loss. It also allows a carrier to limit its liability if all prerequisites have been met.
