goods in storage bay as instructed with person falsely identifying himself as representative of consignee despite observation of representative loading U-Haul truck discharged contractual obligation and was not negligent). Because Transus did this, and PolyGram has not shown that the goods were in diminished condition at the time of said delivery, the allocation of risk of loss shifted to PolyGram. Moreover, liability extinguished under both the Carmack Act and the Federal Bills of Lading Act. Even were summary judgment inappropriate on the issue of liability under these Acts, however, the court also finds that attorneys’ fees and costs pursuant to O.C.G.A. § 13-6-11 are not recoverable under the Carmack Amendment. See Rini v. United Van Lines, Inc., 104 F.3d 502, 506 (1st Cir.1997) (<HOLDING>), petition for cert. filed, — U.S. -, 118 S.Ct.
holding no liability under false claims act unless certification prerequisite to payment holding the state law claims were not preempted holding that carmark act preempted state law claims including those for liability for payment of claims holding that the plaintiffs state law claims are preempted by federal law holding state law fraud and deceit claims to be preempted