Mitsui Sumitomo Insurance Company Ltd v. Daily Express, Inc.

Justia Dockets & Filings Sixth Circuit Ohio Southern District Mitsui Sumitomo Insurance Company Ltd v. Daily Express, Inc.

Mitsui Sumitomo Insurance Company Ltd v. Daily Express, Inc.

Plaintiff:	Mitsui Sumitomo Insurance Company Ltd
Defendant:	Daily Express, Inc.
Case Number:	1:2015cv00316
Filed:	May 11, 2015
Court:	US District Court for the Southern District of Ohio
Office:	Cincinnati Office
County:	BUTLER
Presiding Judge:	Stephanie K. Bowman
Nature of Suit:	Other Contract
Cause of Action:	28 U.S.C. § 1331
Jury Demanded By:	None

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Date Filed	Document Text
October 28, 2015	Filing 31 MEMORANDUM OPINION AND ORDER granting in part 23 Defendant's Motion to Dismiss Plaintiff's Amended Complaint for Failure to State a Claim. Defendant's motion is granted in part as to any negligence or breach of contract claims alleg ed under common law, because such claims are clearly preempted by the Carmack Amendment. Defendant's motion is otherwise DENIED, the Court concluding that Plaintiff has adequately pleaded a single claim against Defendant under the Carmack Amendment. Signed by Magistrate Judge Stephanie K. Bowman on 10/28/2015. (km)

Date Filed

Document Text

October 28, 2015

Filing 31 MEMORANDUM OPINION AND ORDER granting in part 23 Defendant's Motion to Dismiss Plaintiff's Amended Complaint for Failure to State a Claim. Defendant's motion is granted in part as to any negligence or breach of contract claims alleg ed under common law, because such claims are clearly preempted by the Carmack Amendment. Defendant's motion is otherwise DENIED, the Court concluding that Plaintiff has adequately pleaded a single claim against Defendant under the Carmack Amendment. Signed by Magistrate Judge Stephanie K. Bowman on 10/28/2015. (km)

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Plaintiff: Mitsui Sumitomo Insurance Company Ltd
Represented By:	Herbert L Nussle
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Defendant: Daily Express, Inc.
Represented By:	Marc S Blubaugh
Represented By:	Steven Andrew Oldham
Represented By:	Robert G Rothstein
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