Forman Motorworks, LLC v. Sema Logistics, Inc.
CourtCourt of Appeals for the Ninth Circuit
Date FiledNovember 9, 2026
Docket25-5395
StatusUnpublished
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Full Opinion
NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS NOV 9 2026
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
FORMAN MOTORWORKS, LLC, an No. 25-5395
Arizona limited liability company, D.C. No.
2:23-cv-02554-ROS
Plaintiff - Appellee,
v. MEMORANDUM*
SEMA LOGISTICS, INC., an Illinois
corporation,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Arizona
Roslyn O. Silver, District Judge, Presiding
Submitted October 26, 2026**
Phoenix, Arizona
Before: GRABER, HURWITZ, and BADE, Circuit Judges.
Sema Logistics, Inc. appeals a summary judgment in favor of Forman
Motorworks, LLC on Forman’s claims under the Carmack Amendment to the
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Interstate Commerce Act, 49 U.S.C. § 14706. We have jurisdiction under 28
U.S.C. § 1291, and we affirm.
1. Sema argues that the district court failed to apply the proper summary
judgment standard by accepting “Forman’s version of events” and “disregarding
all evidence produced by Sema.” See Clarkson v. Alaska Airlines, Inc., 59 F.4th
424, 437 (9th Cir. 2023) (“The district court . . . may not judge credibility, weigh
the evidence, or resolve factual disputes at summary judgment.”). This argument
fails because the district court did not rely on disputed facts, weigh the evidence, or
make credibility determinations.
2. Sema next contends that Forman lacks standing because Forman does
not have a bill of lading. The Carmack Amendment makes motor carriers “liable
to the person entitled to recover under the receipt or bill of lading.” 49 U.S.C.
§ 14706(a)(1). And courts “look to the bill of lading, rather than an abstract
classification system,” to resolve questions of standing. OneBeacon Ins. Co. v.
Haas Indus., Inc., 634 F.3d 1092, 1098 (9th Cir. 2011). But the Carmack
Amendment governs a transaction when it “requires a receiving carrier to issue a
bill of lading, regardless of whether that carrier erroneously fails to issue such a
bill.” Kawasaki Kisen Kaisha Ltd. v. Regal-Beloit Corp., 561 U.S. 89, 103 (2010)
(interpreting substantively identical language in 49 U.S.C. § 11706(a) applicable to
rail carriers). Sema was required to issue Forman a bill of lading, see OneBeacon,
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634 F.3d at 1097, and cannot escape liability by failing to do so.
Alternatively, Sema argues that Forman does not have standing because
Forman acted as a freight forwarder or broker in this transaction. Even assuming
that a freight forwarder or broker cannot sue under the Carmack Amendment, the
undisputed facts establish that Forman acted as a shipper, not a freight forwarder or
broker.
3. Sema next argues that it raised a genuine dispute of material fact
regarding the vehicle’s condition at delivery. See Celotex Corp. v. Catrett, 477
U.S. 317, 322 (1986). Under the Carmack Amendment, “the shipper establishes
his prima facie case when he shows delivery in good condition, arrival in damaged
condition, and the amount of damages.” Mo. Pac. R.R. Co. v. Elmore & Stahl, 377
U.S. 134, 138 (1964). “[I]n the usual cargo-damage case[,] the shipper makes a
showing of good condition on shipment sufficient for its prima facie case by
introducing a ‘clean’ bill of lading.” Daido Line v. Thomas P. Gonzalez Corp.,
299 F.2d 669, 671 (9th Cir. 1962). But, in the absence of a bill of lading, the
delivery in good condition element of a prima facie case can be established by
other evidence. Cutten v. Allied Van Lines, Inc., 514 F.2d 1196, 1199 (9th Cir.
1975) (per curiam).
Forman established delivery in good condition through the affidavit of Jack
Foss, which stated that the vehicle “was in perfect showroom condition and had no
3 25-5395
damage” upon delivery. The district court did not abuse its discretion in
determining that Foss’s proposed lay testimony was admissible evidence properly
considered at the summary judgment stage. See United States v. Torralba-Mendia,
784 F.3d 652, 659 (9th Cir. 2015); Orr v. Bank of Am., NT & SA, 285 F.3d 764,
773 (9th Cir. 2002) (“A trial court can only consider admissible evidence in ruling
on a motion for summary judgment.”), abrogated on other grounds by rule as
stated in David v. Betts, 734 F. Supp. 3d 1050, 1078 n.20 (D. Haw. 2024); Fed. R.
Civ. P. 56(c)(4); Fed. R. Evid. 701(a). Thus, the district court did not err in
determining that Forman was entitled to judgment as a matter of law on the issue
of liability.1
4. “The general rule for determining the amount of damages [under the
Carmack Amendment] is the difference between the market value of the property
in the condition in which it should have arrived at its destination and its market
value in the condition in which it did arrive.” Contempo Metal Furniture Co. of
Cal. v. E. Tex. Motor Freight Lines, Inc., 661 F.2d 761, 764 (9th Cir. 1981). Sema
argues in its reply brief that the vehicle’s Manufacturer’s Suggested Retail Price or
its previous sales price provide countervailing evidence regarding damages. But
1
We decline to consider Sema’s arguments regarding its affirmative
defenses of inherent vice and possible shipper fault because Sema did not raise
these arguments before the district court. See Trigueros v. Adams, 658 F.3d 983,
988 (9th Cir. 2011) (“Ordinarily, arguments not raised before the district court are
waived on appeal.”)
4 25-5395
Sema did not raise these arguments before the district court or in its opening brief
on appeal. Accordingly, we decline to consider them. See Trigueros, 658 F.3d at
988; Alaska Ctr. for Env’t v. U.S. Forest Serv., 189 F.3d 851, 858 n.4 (“Arguments
not raised in opening brief are waived.”).
5. Finally, Sema argues that the district court improperly considered the
proposed expert testimony of Jared Lowell and Franz Forman regarding the
vehicle’s value. But the district court correctly applied Federal Rule of Evidence
702 and did not abuse its discretion in concluding that the experts’ proposed
testimony was admissible evidence properly considered at the summary judgment
stage. Daubert v. Merrell Dow Pharms., Inc., 509 U.S. 579, 593–95 (1993); Orr,
285 F.3d at 773; Fed R. Evid. 702.
AFFIRMED.
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