Circuit Watcher

07-2710 REI Transp., Inc. v. C.H. Robinson Worldwide, Inc.
Before EASTERBROOK, Chief Judge, and FLAUM and EVANS, Circuit Judges.
FLAUM, Circuit Judge. C.H. Robinson Worldwide, Inc. is a freight broker (or, in its estimation, a “travel agent for freight”). REI Transport, Inc., is an Illinois trucking company that provides drayage services—in this case, the local delivery of cargo from a railroad terminal to the cargo’s final destination. The retail electronics company Circuit City hired C.H. Robinson to coordinate the shipment of several hundred DVD players from a Circuit City warehouse in California to another warehouse in southern Illinois. In so doing, C.H. Robinson contracted with REI Transport to carry the DVD players the final leg of the trip—from a train depot near St. Louis to Marion, Illinois. As it turned out, through no fault of REI Transport’s, the shipment arrived short approximately $85,000 worth of DVD players. C.H. Robinson indemnified Circuit City for the lost DVD players, and Circuit City assigned any right to recover to C.H. Robinson. Surmising that REI Transport was responsible for the loss and pursuant to its contract with REI Transport, C.H. Robinson withheld amounts from what it owed REI Transport.
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REI Transport then filed this suit in the Southern District of Illinois, alleging conversion, unjust enrichment, and that C.H. Robinson breached the parties’ contract by withholding payment. In its defense, C.H. Robinson counterclaimed that, under the Carmack Amendment, REI Transport owed more money for the damaged cargo. The district court agreed with C.H. Robinson and dismissed REI Transport’s claims. This appeal followed and, for the reasons set out below, we affirm. … REI Transp., Inc. v. C.H. Robinson Worldwide, Inc.