Atom Express v. Schuff Steel Co. CA2/7

DISCUSSION

Because the dispute between Atom Express and Schuff arises from interstate shipments and Atom Express seeks to recover interstate freight charges, it is undisputed that the applicable statute of limitations is set forth in 49 U.S.C. section 14705, subdivision (a), which provides, “A carrier providing transportation or service subject to jurisdiction under chapter 135 [49 U.S.C. § 13501 et seq.] must begin a civil action to recover charges for transportation or service provided by the carrier within 18 months after the claim accrues.” This provision preempts any state law that would provide a

1 Atom Express has requested judicial notice of the complaint and first amended complaint in the federal action, Schuff’s motion to dismiss, the order of dismissal, and two legislative history documents. We take judicial notice of the four documents from the federal court action, but decline to take judicial notice of the legislative history as it is unnecessary to the resolution of this matter. (Evid. Code, § 452.)

2 longer limitations period for interstate freight charges. (Emmert Indus. Corp. v. Artisan Associates (9th Cir. 2007) 497 F.3d 982, 988-991.) It is also…