Mlinar v. United Parcel Serv., Inc.Annotate this Case
Plaintiff, a professional artist, brought suit against the United Parcel Service (UPS) and other defendants, alleging that two of her paintings were unscrupulously removed from their packaging during the interstate shipment process and sold to a third party without her consent or knowledge. The trial court dismissed all of Plaintiff’s claims against UPS, concluding that they were preempted by the federal Carmack Amendment. The Court of Appeal affirmed. The Supreme Court quashed the Court of Appeal’s decision to the extent it was inconsistent with this opinion, holding that Plaintiff’s state law causes of action were not preempted because neither the Carmack Amendment nor public policy supports UPS’s attempt to evade liability arising from its intentional misconduct.