2021 WL 1374608
United States District Court, E.D. Pennsylvania.
Anthony CERBONE, et al., Plaintiffs,
ALLIED VAN LINES, INC., et al., Defendants.
CIVIL ACTION NO. 20-6276
Attorneys and Law Firms
Robin A. Feeney, Andrew P. Rosen, Fine & Staud LLP, Philadelphia, PA, for Plaintiffs.
Edward J. McGinn, Jr., Marshall Dennehey Warner Coleman & Goggin, King of Prussia, PA, for Defendants.
GERALD J. PAPPERT, J.
*1 AND NOW, this 12th day of April 2021, upon consideration of Defendants’ Motion to Dismiss (ECF 9), Plaintiffs’ Response (ECF 10) and Defendants’ Reply (ECF 11), it is hereby ORDERED that, for the reasons stated in the Court’s Memorandum:
1. Defendants’ Motion is GRANTED as to Count V of the Amended Complaint and Count V is DISMISSED with prejudice because it is preempted by the Carmack Amendment.
2. Defendants’ Motion is further GRANTED insofar as it seeks to dismiss Plaintiffs’ loss of consortium and negligent infliction of emotional distress claims in Counts VI and VII against Simonik Transportation. Counts VI and VII are DISMISSED with prejudice as against Simonik Transportation only because they are preempted by the Carmack Amendment.
3. Defendants’ Motion is DENIED in all other respects.
Slip Copy, 2021 WL 1374608