Moving Violations: An Examination of the Broad Preemptive Effect of the Carmack Amendment

Abstract

This Article addresses the general principles of preemption, and describes the history, purpose and language of the Carmack Amendment. The Article then demonstrates that at the time the amendment was passed, Congress had no intention of preempting claims based on moving industry misconduct. Part II discusses the constitutional principles that govern application of the law of federal preemption and describes how application of preemption in Carmack Amendment cases has diverged from the overall application of preemption principles in other areas of congressional legislation. Finally, Part III argues that the courts have improperly granted the moving industry carte blanche to deceive and mistreat consumers without consequence, and suggests congressional action to solve this problem.

Keywords: moving industry, preemption, Carmack Amendment, civil procedure, commercial law