Strategies, Challenges, and Answers

Mike Mills Seeks Amicus Curiae Status For His Client TIDA Before The U.S. Supreme Court

Seal of the U.S. Supreme CourtIn January 2013, Nevada Trucking Law reported that the Trucking Industry Defense Association retained Mike Mills to represent it before the Nevada Supreme Court.  TIDA, whose members are made up of motor carriers, transportation insurance companies and the attorneys that represent them, needed to raise its voice regarding issues related to the “Carmack Amendment” that were before that court.  For more information on the facts of the case, click HERE.

Ultimately, the Nevada Supreme Court decided against the motor carrier, publishing the decision of Dynamic Transit Co. v. Trans Pac. Venture, Inc., 128 Nev. Adv. Op. 69, 291 P.3d 114 (2012).  As reported HERE, the motor carrier petitioned the U.S. Supreme Court for a Writ of Certiorari.  TIDA again turned to Mike Mills seeking Amicus Curiae status to speak in favor of the interests of the industry.

The Dynamic opinion focuses on the question of Carmack Preemption and the supremacy of federal law.  In the Dynamic case the state jury imposed punitive damages against the motor carrier.  However, Carmack precludes the award of punitive damages.  The Nevada Supreme Court decision purported to create a “true conversion” exception to Carmack, thereby allowing the jury to impose punitive damages.  The ultimate question is whether the this motor carrier qualifies to have his case handled exclusively under Carmack and federal law.

It the brief, now filed with the Supreme Court, Mike argued on behalf of TIDA, that there was no “trud conversion” exception to Carmack.  You can review TIDA’s Motion and Brief HERE.

The Nevada Law Blogs will keep you up to date as this important matter is considered by the highest court in the land.  If you have questions, email mike@mcmillslaw.com or call Mike 702/240-6060, Extension 114.  He’ll be happy to help.

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