Whatley v. Canadian Pacific Railway Ltd.

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The Eighth Circuit reversed the district court's order finding that the trustee's claim under the Carmack Amendment against Canadian Pacific was untimely. This appeal stemmed from a train accident killing 47 people and destroying an entire town in Quebec. The court held that WFE's claim based on a claim letter and denial in April 2014 made the trustee's April 2016 lawsuit timely. In regard to Irving Oil, the court held that there was a genuine dispute over the very existence of contractual terms in the bill of lading providing for a nine-month notice period and a two-year suit limitation, precluding both dismissal on the pleadings or summary judgment as a matter of law. Accordingly, the court remanded for further proceedings. View "Whatley v. Canadian Pacific Railway Ltd." on Justia Law