Oregon Metallurgical Corp. v. Burlington Northern & Santa Fe Railway Co.

MEMORANDUM *

Oregon Metallurgical Corporation (OreMet) appeals the district court’s summary judgment in its action seeking damages from Burlington Northern & Santa Fe Railway and CSX Transportation Company for breach of contract and common carrier liability. OreMet filed this action under the Carmack Amendment, 49 U.S.C. § 11706 , asserting that the railroads failed to deliver titanium tetrachloride (TÍCI4), used to manufacture titanium sponge, to OreMet with reasonable dispatch, resulting in lost productivity and increased feedstock costs.

We have jurisdiction pursuant to 28 U.S.C. § 1291 and review the district court’s grant of summary judgment de novo. United States v. City of Tacoma, 332 F.3d 574, 578 (9th Cir.2003). We reverse and remand.

Carmack Amendment damages are “the actual loss or injury to the property.” 49 U.S.C. § 11706 (a); Neptune Orient Lines, Ltd. v. Burlington N. & Santa Fe Ry. Co., 213 F.3d 1118, 1120 (9th Cir.2000). The district court granted summary judgment for the railroads, holding that OreMet had not suffered any actual damages because OreMet sold the titanium sponge that it manufactured to a sister corporation at cost. This misconceives the damage…