SECTION 7 CONUNDRUM
Reproduced with the Permission of Miles L. Kavaller One of the most often asked questions by carriers is whether they may collect freight charges from a consignee in the absence of payment by the consignor. The answer depends on the bill of lading. Generally speaking, the consignor is the party with whom the carrier has […]
CARRIER DISCOUNTS-WHO HAS TO KNOW
Reproduced with the Permission of Miles L. Kavaller A question from one of our members: Is a motor carrier required to show all charges and discounts on the freight bill invoice to the consignee where the freight charges are prepaid? The Answer: It depends. (The typical lawyer answer!) The ICC Termination Act provides guidance in […]
CARGO INSURANCE
CARGO INSURANCE DOES NOT ALWAYS PAY FOR ATTORNEYS FEES Reproduced with the Permission of Miles L. Kavaller Insurance plays a significant role in transportation activities. Motor carriers are required by law to maintain automobile liability and cargo insurance to cover their transportation operations. Many shippers also have cargo coverage for their shipments in transit. When […]
BROKERS, FORWARDERS AND MOTOR CARRIERS
WHO IS RESPONSIBLE FOR CARGO CLAIMS? Reproduced with the Permission of Miles L. Kavaller Recently I represented a client which had arranged for the transportation of a series of shipments to and from Alaska. It contacted a company which obtained the carriers for, and coordinated these shipments. A truck transporting airline pallets which had been […]
Dealing with Brokers – “Caveat Emptor”
Reproduced with the Permission of Miles L. Kavaller The term “broker” is defined in the ICC Termination Act as: “…a person, other than a motor carrier or an employee or agent sells, offers for sale, negotiates for, or holds itself out by solicitation, advertisement, or otherwise, as selling, providing, or arranging for, transportation by motor […]
BILLS OF LADING
WHAT SHIPPERS AND CARRIERS SHOULD KNOW Reproduced with the Permission of Miles L. Kavaller The bill of lading is the document used by carriers and shippers for transportation of freight. It serves as a contract as well as a receipt for the goods containing the description, quantity and condition of the property to be transported. […]
CARGO CLAIMS
MAY SHIPPERS RECOVER ATTORNEY’S FEES AND PUNITIVE DAMAGES WHERE THE CARRIER UNREASONABLY DENIES A CARGO CLAIM? Reproduced with the Permission of Miles L. Kavaller Under California law a covenant of good faith and fair dealing is implied in every contract. This means that neither party to a contract may injure the other party’s right to […]
ALTERNATIVE DISPUTE RESOLUTION
THERE IS A BETTER WAY THAN GOING TO COURT Reproduced with the Permission of Miles L. Kavaller With the abolition of the Interstate Commerce Commission and elimination of field offices, there is no longer a governmental agency which will assist shippers and carriers in informally resolving various disputes. The Surface Transportation Board, the ICC’s successor, […]
