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REI Transp., Inc. v. C.H. Robinson Worldwide, Inc.

REI Transp., Inc. v. C.H. Robinson Worldwide, Inc.

United States Court of Appeals for the Seventh Circuit

January 15, 2008, Argued; March 20, 2008, Decided

No. 07-2710

Opinion

 [*694]  FLAUM, Circuit Judge. C.H. Robinson Worldwide, Inc. is a freight broker (or, in its estimation, a "travel agent for freight"). REI Transport, Inc., is an Illinois trucking company that provides drayage services--in this case, the local delivery of cargo from a railroad terminal to the cargo's final destination. The retail electronics company Circuit City hired C.H. Robinson to coordinate the shipment of several hundred DVD players from a Circuit City warehouse in California to another warehouse in southern Illinois. In so doing, C.H. Robinson contracted with REI Transport to carry the DVD players the final leg of the trip--from a train depot near St. Louis to Marion, Illinois. As  [**2] it turned out, through no  [*695]  fault of REI Transport's, the shipment arrived short approximately $ 85,000 worth of DVD players. C.H. Robinson indemnified Circuit City for the lost DVD players, and Circuit City assigned any right to recover to C.H. Robinson. Surmising that REI Transport was responsible for the loss and pursuant to its contract with REI Transport, C.H. Robinson withheld amounts from what it owed REI Transport.

REI Transport then filed this suit in the Southern District of Illinois, alleging conversion, unjust enrichment, and that C.H. Robinson breached the parties' contract by withholding payment. In its defense, C.H. Robinson counterclaimed that, under the Carmack Amendment, REI Transport owed more money for the damaged cargo. The district court agreed with C.H. Robinson and dismissed REI Transport's claims. This appeal followed and, for the reasons set out below, we affirm.

I. Background

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519 F.3d 693 *; 2008 U.S. App. LEXIS 5833 **

REI TRANSPORT, INC., Plaintiff-Appellant, v. C.H. ROBINSON WORLDWIDE, INC., Defendant-Appellee.

Prior History:  [**1] Appeal from the United States District Court for the Southern District of Illinois. No. 05-00057--G. Patrick Murphy, Judge.

R.E.I. Transp., Inc. v. C.H. Robinson Worldwide, Inc., 2007 U.S. Dist. LEXIS 18769 (S.D. Ill., Mar. 16, 2007)

Disposition:  The court affirmed the district court's judgment.

CORE TERMS

Transport, carrier, Carmack Amendment, shipment, cargo, players, shipper, seal, preempts, prima facie case, withholding, damaged, container, district court, carrier's liability, interstate shipment, entitled person, bill of lading, breach-of-contract, Contracts, injury to property, actual loss, train

Civil Procedure, Appeals, Standards of Review, De Novo Review, Transportation Law, Interstate Commerce, Federal Preemption, Summary Judgment Review, Standards of Review, Carrier Duties & Liabilities, Damages, Reviewability of Lower Court Decisions, Preservation for Review, Bills of Lading, Contracts Law, Defenses, Public Policy Violations, Breach, Breach of Contract Actions, General Overview, Business & Corporate Compliance, Contracts Law, Nonperformance, Evidence, Burdens of Proof, Burden Shifting