Supreme Court of Florida
Ivana Vidovic Mlinar, Petitioner v. United Parcel Service, Inc., Respondents
March 3, 201641 Fla. L. Weekly Supp. 76
Summary
The Court held that state-law claims against an interstate carrier are generally preempted by the Carmack Amendment unless they allege conduct or harm separate and distinct from the loss of or damage to transported goods. Mlinar's claims were not preempted because they alleged intentional, larcenous conduct and unauthorized use of her identity that was independent of the ordinary loss or damage covered by the carrier's transportation obligations. The Court quashed the Fourth District's decision to the inconsistent extent and remanded for further proceedings.