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Despite its best efforts, the Trucking Industry Defense Association (TIDA) could not derail the Nevada Supreme Court’s decision claiming that there is a “true conversion” exception to Carmack Amendment. The Nevada Trucking Blog reported HERE on TIDA’s argument against court’s opinion in Dynamic Transit Co. v. Trans Pac. Venture, Inc., 128 Nev. Adv. Op. 69, 291 P.3d 114 (2012). You can read the full decision HERE . Mike Mills from Mills & Associates was at the forefront of that fight. He filed a “friend of the court” brief with the Nevada Supreme Court in support of the motor carrier.
The motor carrier’s appeal to the Nevada Supreme Court failed. The motor carrier decided to seek relief from the highest court in the land. Once more, TIDA will stand in support of the motor carrier and the entire trucking industry. TIDA again chose Mike Mills of Mills & Associates as its representative. Mike will prepare and file TIDA’s “friend of the court” brief with the High Court.
Once it has received the briefs, the U.S. Supreme Court has many options. The Court’s rules allow it to reject the motor carrier’s petition outright. If it did that, the Nevada Supreme Court decision would be allowed to stand. That wouldn’t mean that the decision is the final word in the controversy. Rather, it would be just one of several conflicting cases that lawyers look to when arguing in behalf of their respective clients.
Alternatively, the U.S. Supreme Court could grant the petition and receive full briefs and arguments from the parties, perhaps even from TIDA. The court could then decide once-and-for-all which of the two competing positions regarding the so-called “true conversion” exemption to Carmack is correct.
The Nevada Law Blogs will keep you informed regarding the outcome of this important decision. Follow this blog for updates on this and other news related to trucking law in Nevada and across the country. If you have questions about trucking law, give Mike Mills a call. He will gladly speak with you. He can be reached at 702-240-6060×114 or you can email him at mike@mcmillslaw.com.
