Lexington Insurance Co. sued Daybreak Express, Inc. in this subrogation action in connection with property damage that occurred during the interstate shipment of electronic equipment owned by Burr Computer Environments Inc. Daybreak appeals the trial court's judgment. Preemption under the Carmack Amendment includes claims for attorney's fees under state law. Attorneys' fees are not recoverable under the Carmack Amendment. The portion of the trial court's judgment regarding Lexington's attorneys' fees is reversed and rendered, the remainder is affirmed. Houston's 14th Court of Appeals, No. 14-09-01032-CV, 10-15-2013.
Daybreak Express, Inc. v. Lexington Insurance Co.
Tex. App. Dist. 14
October 15, 2013