Custom Shutters LLC v. Saia Motor Freight Line LLC, 2:12-cv-01070

CS; a Wisconsin LLC; shipped 5,500 pounds of shutters to Lowe’s in Florida under Saia’s charge.
Saia; a Louisiana LLC; interstate motor carrier; Caied liability limited by tariff and bill of lading terms.
Woznicki, CS VP, requested a quote on Aug 2, accepted Aug 9; bill of lading prepared by CS without explicit liability terms.
Driver affixed sticker stating receipt subject to Saia’s terms and NMFC; no clear notice of limited liability given to CS.
Shipment arrived damaged; CS claimed $33,259.20; Saia denied, asserting $1.00 per pound cap under tariff.
Court denies Saia’s partial summary judgment; dispute to proceed to trial; Carmack Amendment governs framework.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Saia obtained shipper agreement to limited liability	CS argues no valid agreement to limit liability was obtained.	Saia asserts the bill of lading or sticker, incorporating tariff terms, formed the agreement.	Summary judgment denied; no sufficient proof that an agreement to limit liability was obtained.

Hughes v. United Van Lines, Inc., 829 F.2d 1407 (7th Cir. 1987) (requires shipper agreement to choice of liability within Carmack framework)
Nipponkoa Ins. Co. v. Atlas Van Lines, Inc., 687 F.3d 780 (7th Cir. 2012) (Congress amended prong inapplicability of early Hughes rule)