Jarad Kent (Of Counsel-Tyler/Dallas, TX) and Morgan Wood (Associate-Tyler/Dallas, TX) secured dismissal of a transportation/cargo claim in U.S. District Court, Northern District of Texas, Lubbock Division for a small interstate trucking company client. Our client was hired by an oil and gas workover operations company to transport a rig from North Dakota to West Texas, but was involved in a single-vehicle accident resulting in damage to the rig. The plaintiff originally filed suit in Lubbock County District Court seeking in excess of $1 million. We removed the original case to Federal Court and filed a Rule 12(b)(6) Motion to Dismiss, and the plaintiff voluntarily dismissed the initial lawsuit, hired a new attorney and re-filed the case in the Northern District of Texas. Jarad and Morgan re-filed our Rule 12(b)(6) motion, to which the plaintiff responded, arguing that alleged pre-contractual misrepresentations precluded application of a Carmack preemption. We filed a reply and, after pending for nearly eight months, the court entered an Order Granting Motion to Dismiss Pursuant to Rule 12(b)(6) and dismissing all claims with prejudice.