KPX LLC v. Transgroup Worldwide Logistics Inc.

MEMORANDUM *

Transgroup Worldwide Logistics, Inc. (“Transgroup”) appeals the district court’s summary judgment award of $7,946 to KPX LLC (“KPX”) on KPX’s claim under 49 U.S.C. § 14704 (a)(2) for Transgroup’s alleged violations of the Motor Carrier Act (“MCA”), 49 U.S.C. § 13101 , et seq. KPX *668 alleged that a bill of lading issued by Transgroup for a shipment of KPX’s scooter parts violated the MCA and that KPX was damaged after some of those parts failed to arrive at their destination.

The parties dispute whether 49 U.S.C. § 14704 (a)(2) provides a private right of action and whether Transgroup’s business practices violated the MCA. We need not resolve either of these questions. Even assuming that § 14704(a)(2) provides a private right of action and that Transgroup violated the MCA, KPX has failed to state a claim under § 14704(a)(2).

Section 14704(a)(2) says that “[a] carrier ... is liable for damages sustained by a person as a result of an act or omission of that carrier ... in violation of [the MCA].” 49 U.S.C. § 14704 (a)(2) (emphasis added). KPX contends, and the district court held, KPX was damaged in the amount of its missing scooter parts, $7,946. What neither the…