On January 31, 2017, a Southern District of Florida federal judge held that damages arising from an intrastate shipment are preempted by FAAAA and that preemption supports removal to federal court. Plaintiff filed its complaint against UPS in state court, alleging a negligence claim related to UPS’s handling of plaintiff’s cryopreserved embryos. In response, UPS removed to federal court. The federal judge denied plaintiff’s motion to remand, finding that plaintiff’s state law claim against UPS is preempted under FAAAA because the handling of the embryos during their movement across Florida is related to the “price, route or service” of UPS’s transportation of those items. The case is Desiree Luccio & Reed Frerichs v. UPS, Co., 2017 WL 412126 (S.D. Fla. Jan. 31, 2017). Click here​ for decision.