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Partner Jennifer Hurley McGay Obtains Complete Dismissal.

Posted: May 9, 2019

LJAA Commercial Litigation Partner, Jennifer Hurley McGay, secured a complete dismissal of all claims against our client, a transport broker and interstate carrier of merchandise, brought by a soda manufacturer.  The Plaintiff alleged that our client was negligent in transporting its soda bottles, which resulted in the complete destruction of its product, and commenced a state action asserting common law claims and claims under the New York Uniform Commercial Code.   Jennifer argued that the broad preemption provisions of the Federal Aviation Authorization Act preempted all of the Plaintiff’s state law claims against our client as they related to the services of brokers and carriers.   The court agreed and dismissed the complaint in its entirety.