Tank Cleaning Subject to Carmack Amendment State Law Claims Preempted
Tank Cleaning Subject to Carmack Amendment
State Law Claims Preempted
By: Arthur Crais
Heniff Transp. Sys., L.L.C. v. Trimac Transp. Servs., 2017 U.S. App. LEXIS 1665, 5th Cir. Jan. 30, 2017
Heniff Transportation Systems, LLC contracted with Trimac Transportation Services, Inc. to clean tanks to be used to transport chemical for another party. The cargo would be contaminated if the tanks contained any cleaning agents or residue. The cleaning was to be a thorough “Kosher wash” and specified in the original bill of lading. Due to the inadequate cleaning, the product was contaminated; it was delivered to the purchaser and further damage was caused to its facility and contaminated other chemicals.
Heniff and its insurer settle with the third party for the spoiled cargo and other damages and sought recovery from Trimac which filed a Motion for Summary Judgment asserting that the Carmack Amendment preempted any state law claims for damages. The trial court granted the MSJ.
In affirming the summary judgment, the panel of the Fifth Circuit stated that the operative terms were “carrier,” “motor carrier” and “transportation.” It concluded that the tank cleaning service provided by Trimac was a “’service[ ] related to [the] movement [of passengers or property in interstate commerce].’ 49 U.S.C. § 13102(23)” (2017 U.S. App. LEXIS 1665 *7) Trimac was providing “transportation” as a “motor carrier” and hence was a “carrier” subject to the Amendment.
