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To amend title 49, United States Code, to waive federal preemption of State law providing for the awarding of punitive damages against motor carriers for engaging in unfair or deceptive trade practices in the processing of claims relating to loss, damage, injury, or delay in connection with transportation of property in interstate commerce.
To amend title 49, United States Code, to waive federal preemption of State law providing for the awarding of punitive damages against motor carriers for engaging in unfair or deceptive trade practices in the processing of claims relating to loss, damage, injury, or delay in connection with transportation of property in interstate commerce.
Summary
This bill amends federal transportation law to allow states to award punitive damages against motor carriers for engaging in unfair or deceptive trade practices when processing cargo loss or damage claims. The bill clarifies that federal law does not prevent states from imposing punitive damages for carrier misconduct in investigating, settling, or adjudicating claims relating to loss, damage, injury, or delay in interstate transportation of property. The provision is retroactively effective as of January 1, 1990, and applies to all cargo shipments documented on or after that date. This change allows state courts to hold motor carriers accountable for deceptive or unfair claim-handling practices through punitive damages remedies, in addition to any other damages available under federal or state law.
AI-generated plain-language summary of the bill text — neutral, and may be imperfect. See the full text below for the exact wording.
Sponsor (1)
- Rep. Lofgren, Zoe [D-CA-16] (D-CA)
Money behind the sponsor
Top reported contributors to Zoe Lofgren’s campaign committee (2024 cycle) — who funds the bill’s sponsor, not a claim about this bill. Data from FEC.
Organizations whose employees gave the most — itemized individual contributions grouped by the donor’s reported employer (FEC Schedule A). Full finance for Zoe Lofgren → · Outside spending →
Actions (3)
- Jul 28, 2000 Referred to the Subcommittee on Ground Transportation. · house
- Jul 27, 2000 Referred to the House Committee on Transportation and Infrastructure. · house
- Jul 27, 2000 Introduced in House
More bills on these subjects (8)
Other bills that carry the most legislative subjects in common with this one (topical discovery — distinct from the procedural related bills above).
Similar bills (6)
Bills with similar text or summary — includes reintroductions across Congresses. Ranked by semantic similarity of the bill text (computed locally); a neutral discovery aid, not a claim the bills are duplicates.
Full text
IN THE HOUSE OF REPRESENTATIVES
July 27, 2000
Ms. Lofgren introduced the following bill; which was referred to the Committee on Transportation and Infrastructure
A BILL
To amend title 49, United States Code, to waive federal preemption of State law providing for the awarding of punitive damages against motor carriers for engaging in unfair or deceptive trade practices in the processing of claims relating to loss, damage, injury, or delay in connection with transportation of property in interstate commerce.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. STATE COURT AWARDS OF PUNITIVE DAMAGES FOR UNFAIR OR DECEPTIVE PRACTICES OF MOTOR CARRIERS IN CONNECTION WITH CLAIMS FOR LOSS, DAMAGE, INJURY, OR DELAY OF TRANSPORTED PROPERTY.
(a) Punitive Damages Authorized.—Section 14706 of title 49, United States Code, is amended by adding at the end the following:
“(h) Punitive Damages for Unfair or Deceptive Practices.—Nothing in this section limits the liability of a carrier for punitive damages authorized under applicable State law for any act or omission of the carrier in connection with the investigation, settlement, adjudication, or other aspect of the processing of a claim under this section that constitutes an unfair or deceptive trade practice under such State law.”.
(e) Retroactive Effective Date and Applicability.—Subsection (h) of section 14706 of title 49, United States Code (as added by subsection (a)), shall take effect as of January 1, 1990, and shall apply with respect to receipts and bills of lading referred to in subsection (a)(1) of such section that are issued on or after that date. <all>
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