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INFINITY AIR, INC. v. ECHO GLOBAL LOGISTICS, INC.

No. 3:13-cv-00307-MO.

INFINITY AIR, INC., Plaintiff, v. ECHO GLOBAL LOGISTICS, INC., and GIZMO TRUCKING LLC, Defendants.

United States District Court, D. Oregon, Portland Division.

June 20, 2013.

Attorney(s) appearing for the Case

Infinity Air, Inc., Plaintiff, represented by Nathan Gabriel Steele , The Steele Law Firm.

Echo Global Logistics, Inc., Defendant, represented by Andrew R. Escobar , DLA Piper, LLP.

OPINION AND ORDER

MICHAEL W. MOSMAN, District Judge.

Defendant Echo Global Logistics, Inc. ("Echo") has filed a motion to dismiss or transfer [9] under Federal Rule of Civil Procedure 12(b)(3). The key issue before me is whether the Carmack Amendment to the Interstate Commerce Act applies to Echo and thus prohibits the enforcement of a forum selection clause in a contract between the parties. Based on my finding that the Carmack Amendment does not apply...

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