Cargo Loss and Damage Claims: Cases of Interest

Posted by on Feb 28, 2012 in Bills of Lading, Cargo Liability, Tariffs, Transportation Kevin and I recently attended the semi-annual meeting of a relatively small group of transportation attorneys who specialize in freight loss and damage claims.   At the meetings, specific, recently decided legal decisions are summarized by a designated presenter, which then is followed by a group discussion.  Below is a summary of the cases we discussed that should be of interest to...
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Limitations of Liability Under Carmack

Posted by on Mar 3, 2011 in Bills of Lading, Cargo Liability, Tariffs, Transportation It is critical for a carrier to know how to limit its liability under the Carmack Amendment, 49 USC 14706. The Carmack Amendment imposes substantial liability on a carrier for freight loss and damage. A carrier is liable for the “actual loss or injury to the property” except where the loss or damage is caused by (1) the act of God, (2) the public enemy, (3) the public authority,...
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Take Care of Business in 2011

Posted by on Jan 14, 2011 in Bills of Lading, Cargo Liability, Contracts, CSA 2010, Hours of Service, Tariffs, Transportation Welcome to the New Year!  2011 promises to be challenging for the transportation industry with the implementation of CSA and proposed changes to the HOS regulations leading the way, compounded by an uncertain economy. However, with challenges come opportunities. The opportunities are dependent on taking care of the details of your business. Surely, you already have spent considerable time ...
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Tariffs and Bills of Lading Still Required

Posted by on Aug 24, 2010 in Bills of Lading, Tariffs, Transportation There is a common misunderstanding that carriers no longer need tariffs, and many carriers do not have a tariff.  It is correct that 16 years ago “filed” tariffs were eliminated and no longer allowed, but the law (49 USC 13710) now requires that a carrier “provide to the shipper, upon request of the shipper, a written or electronic copy of the rate, classification, rules,...
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