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Encouraging the Use of Arbitration in Resolving Disputes Arising Under the Carmack Amendment: The Ninth Circuit Limits the Applicability of CarmackТs Arbitration Provision - JAA 2006 Vol. 5, No. 1

Author(s): 
Leonard M. McCall
Page Count: 
12 pages
Media Description: 
PDF from "Journal of American Arnitration (JAA)"
Published: 
July, 2011
Jurisdictions: 
United States
Practice Areas: 
Applicable Law,
Contractual or Consensual Basis of Arbitration,
Arbitration Fees
Author Detail: 

Leonard M. McCall, J.D. candidate, Penn State Dickinson School of Law (2007); B.A. English,
North Carolina A&T State University (2003). Vice President of BLSA (2005). First,
thanks to God for making everything possible and thanks to my family and friends
for all their support and prayers throughout this law school adventure.

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Description: 

Originally from:

Journal of American Arbitration (JAA) - Vol. 5, No. 1

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ARTICLES

Encouraging the Use of Arbitration in
Resolving Disputes Arising Under the
Carmack Amendment: The Ninth Circuit
Limits the Applicability of Carmack’s
Arbitration Provision
By Leonard M. McCall

I. OVERVIEW
The dispute involves Edward and Susan Campbell’s contract with
Allied Van Lines, Inc., Gates Moving and Storage, Inc., and Mayflower
Transit, Inc., (collectively, “carriers”) for the transportation of their
family’s household goods.1 The Campbells hired the carriers to transport
the family’s household goods from Arizona to Florida.2 During the
move, the Campbells’ goods were damaged.3 Nationally, carriers are
responsible for “goods damaged or lost during interstate shipment.”4
The Campbells filed an action against the carriers in state court.5 They