Document Type

Case Summary

Publication Date

1-1-2013

Case Synopsis

Appeal and cross-appeal from a District Court bench trial judgment in favor of Plaintiffs’, Trans Pacific Ventures and Trevor Small (hereinafter “Small”), state-law claims for conversion and fraud, and awarding Small a total of $52,500 in compensatory damages and $300,000 in punitive damages. Defendants, Dynamic Transit Company and Knight’s Company/Auto Transporters (hereinafter “Knights”), appeal contending that the District Court erred in denying their motion to dismiss pursuant to N.R.C.P. 12(b)(5) since the Carmack Amendment preempts each of Small’s state law claims. Alternatively, Knights argues that even if the Carmack Amendment does not apply, there is insufficient evidence to support the District Court’s judgment and that the District Court erred in it calculation of compensatory damages. Small filed a cross-appeal arguing that the District Court erred in granting Knights post-trial leave to amend its answer and assert the Carmack Amendment as an affirmative defense.

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