Transportation Law Articles
The following articles are reprinted from Internet Truckstop's online magazine at itmagazine.truckstop.com
The following articles are reprinted from The Commercial Carrier Journal (CCJ) at www.etrucker.com
Topic |
Article |
Date |
Extending insurance coverage to shippers | February 1, 2012 | |
Lease-to-own provisions in independent contractor agreement | January 3, 2012 | |
Withholding freight charges awaiting after-the-fact contracts | December 1, 2011 | |
Who’s holding the bag? | November 1, 2011 | |
Determining crash accountability is no easy answer | October 6, 2011 | |
Convenience Interlining | Intermodal moves make for messy law | September 1, 2011 |
Time is on your side – or not | August 5, 2011 | |
The sky need not be the limit | July 1, 2011 | |
The Injustice of Just-In-Time | June 7, 2011 | |
Value of a Satisfactory Rating | Authority to operate is what matters | May 1, 2011 |
CSA Settlement-What it Accomplished | Don’t discount the CSA settlement | April 1, 2011 |
Provider v. Arranger | Treating Brokers As Carriers Is Risky Business | February 2011 |
Role of Federal Regulations and Bill of Lading | What if there is no contract? | January 2011 |
CSA/SMS - Vicarious Liability | FMCSA should delay CSA 2010 release | December 2010 |
CSA/SMS Methodology-How it Works | Are you working your CSA numbers? | November 2010 |
Broker's Bond/Pending Legislation | Don’t Throw The Broker Out With The Bathwater | October 2010 |
Elimination of Cargo Insurance Requirement | Say Goodbye To Comfort In Claims | September 2010 |
Foodstuff Haulers | If It's Broke, You May Have To Eat It | August 2010 |
Safety is FMCSA's Responsibility | SEA Score Sinks Drayman | July 2010 |
Cargo Insurance | No Assurance From Insurance | June 2010 |
Safe Harbor Threatened | Owner-Operator Model Still Threatened And More | May 2010 |
Exempt and Private Carrier Insurance Requirements | FMCSA’s Insurance Rules Are Crazy and Flawed | April 2010 |
Bankruptcy Preference | Paid Today, Sued Tomorrow: Bankrupt Client’s Goodwill Seen As Preference | March 2010 |
Carrier Named on Bill of Lading | Who’s Got The Freight? | February 2010 |
Most Favored Nations Claims | Clause Allows Shippers Low Rates, No Commitment | January 2010 |
Unrated Carriers and SafeStat | More Data May Have Unintended Consequences | December 2009 |
Preemption of State Actions/Owner-Operators | A Great Decision for Owner-operators: California Ruling Backs Preemption as Status Defense | November 2009 |
Canadian and Mexican Liability | Country of Origin Affects Liability Be Mindful of Where Shipments Begin, End |
October 2009 |
Highway Funding | No Free Ride for Trucking | September 2009 |
Broker Liability for Accidents |
Liability Runs Up the Supply Chain | August 2009 |
Interline Liability for Cargo Claims | If They Broke It, They Pay For It | July 2009 |
Process Agents | Dead Men Serving | June 2009 |
Brokers as Arrangers not Providers | If You're Not a Carrier, Don't Act Like One | May 2009 |
Credit Terms | Don't Be Left Crying in Your Beer | April 2009 |
Offset Against Brokers Causes Insolvency | Don't Let Broke Broker Break You | March 2009 |
Accounts Payable | 'Works In Progress' Can Be Costly | February 2009 |
Concealed Damage | If They Broke It, Don't Pay For It | January 2009 |
Theft from Dray Yard | Storage in Transit May Be Costly | December 2008 |
Bankruptcy - Critical Vendor | Become a Critical Vendor | November 2008 |
Seal Integrity Issues | Who Breaks the Seal? | October 2008 |
Rail Cargo Claim/Substituted Services | Don't Get Railroaded | September 2008 |
Vicarious Liability and SafeStat | Forced to Second-guess DOT | August 2008 |
Abusive Shipper Contractual Requirements | Surcharges Should Be Mandatory | July 2008 |
Fuel Surcharges | When Winners Become Losers | June 2008 |
Double Brokering-Verifying Who Hauled the Freight | Broken by Double Brokering | May 2008 |
Owner-Operator Model Under Attack | Winds of Classification Changing | April 2008 |
Insurance Audit Surprises | Get Assurances on Insurance | March 2008 |
Reasonable Dispatch | When is Dispatch Unreasonable? | February 2008 |
Factors - When to Pay Them | Figuring Out Factoring | January 2008 |
Independent Contractors/Owner-Operators Part 3 - Preserving their Status | Declaring Independence | December 2007 |
Independent Contractors/Owner-Operators Part 2-Inconsistent State Law Treatment | A Patchwork Quilt of Classification | November 2007 |
Independent Contractors/Owner-Operators Part 1-The Classification Conflict | Are Independents Independent? | October 2007 |
Hours of Service Requirements Revisited | Counting the Hours | September 2007 |
Auto Haulers - Constructive Total Loss | If it's Dented, is it Worthless? | August 2007 |
NMFTA Classification - Loss of Antitrust Immunity | Throw out the Rulebook? | July 2007 |
Act of God - Exception to Cargo Liability | When is it an Act of God? | June 2007 |
Reasonable Dispatch | How Late is Too Late? | May 2007 |
Roadability - Intermodal Equipment | Bearing a Heavy Load | April 2007 |
Damages, Measure of Full Actual Value | What's a Shipment Worth? | March 2007 |
ATA Model Contract - Waiver of Federal Statutes and Regulations | Stick with Federal Law | February 2007 |
Model Contracts - Recourse to Shippers | Who Pays the Freight? | January 2007 |
Model Contracts-Claims Setoff | "A Silent But Deadly Omission" | December 2006 |
Role of Brokers in Model Contracts | "Brokers’ Role Must Be Fixed" | November 2006 |
What is a Truckload? | "Wrongfully Rejected?" | October 2006 |
TSA Security Measures | "Check one, two, three" | September 2006 |
Broker/Carrier
Contracts-TIA Model Contract |
"TIA model contract not pretty" | August 2006 |
Cargo
Liability-Carmack v. Contractual Indemnity |
"Sour pickles not spoiled" | July 2006 |
Cargo
Claims-Broker Seals/Duty to Mitigate |
"Just stick to Carmack" | June 2006 |
Anti-Indemnity State Law Statutes | "Don't rely on anti-indemnity law" | May 2006 |
Offsets Against Freight Charges | "Let courts settle cargo claims" | April 2006 |
CT-PAT/Security Requirements | "Put Security in Writing" | March 2006 |
Cargo Claims Filing Requirements | "Time Is On Your Side" | February 2006 |
The Use of Corporate Affiliates | "Divided You Stand" | January 2006 |
Freight Charges - Who is Liable: the Broker, the Shipper, Both, or Neither? | "The Buck Must Stop Somewhere" | December 2005 |
Emergency Shipments | "Post-Katrina Logistics Nightmare" | November 2005 |
Indemnity "arising out of" Language | "Troubled Indemnity" | October 2005 |
Broker
and Freight Forwarder Possible Deregulation |
"Bad Idea is One Step Closer" | September 2005 |
BMC-32 Regulation | "Fix – Don’t Kill – Cargo Filing" | July 2005 |
Workers Comp, A Patchwork Quilt | "Whomped by Workers’ Comp" | June 2005 |
Certificates or Permits | "What’s in a name?" | May 2005 |
Damage
Noted at Delivery |
"You are Presumed Liable" | April 2005 |
Critical Vendors | "When Customers Go Bankrupt" | March 2005 |
Brokers Trust Funds | "A Breach of Trust" | February 2005 |
Intermodal Cargo Liability/Sup. Ct. Decision | "Accepting Intermodal Truths" | January 2005 |
Safestat Corrections | "The Dangers of Data" | December 2004 |
RFID | "The New Wave in Cargo Count" | November 2004 |
"Fines by States for Permit Violations" | "Another Fine Mess" | October 2004 |
"Recourse -- Avoiding Contract Waivers" | "Protect Your Right to Get Paid" | September 2004 |
ATA/NITL Model Contract | "The Model of a Contract" | August 2004 |
Co-insurance | "Beware of co-insurance loopholes" | July 2004 |
Broker's Bonds | "Broker bonds cover international loads" | June 2004 |
Broker Liability for Freight Charges and Cargo Claims | "Truly Stuck in the Middle" | May 2004 |
Cargo Liability on Subcontracted Loads | "Don't Accept Another's Risk" | April 2004 |
Detention/How to Bill Responsible Party | "Collecting
from Consignees" |
March 2004 |
Mexican Shipments: Through Bill of Lading | "Ready
for Loads into Mexico?" |
February 2004 |
Hours of Service: Sleeper Berth Anomaly | "Tired but Legally Rested" | January 2004 |
Carriers-Hiring
Others to Provide Services |
"Don't Contract Out Loads Lightly" | December 2003 |
HOS Rules-The Cost | "Recouping Hour Rule Costs" | November 2003 |
COD - Collect on Delivery Problems | "Beware of COD Requests" | September 2003 |
Shipper Recourse | "They Shouldn't Have It Both Ways" | August 2003 |
Proposed FMCSA Regulation | "A Truly Bad Idea" | July 2003 |
Bankruptcy/Preference Actions | "Feeding on the Victims" | June 2003 |
Double Brokering | "The Scourge of Double Brokering" | May 2003 |
Proof of Delivery/Need for Originals | "Nothing but the original?" | April 2003 |
Hijack/Lien | "Hijack or Lien?" | March 2003 |
Broker Liability Issues | "Keep It Clean" | February 2003 |
Setoffs | "Don't Accept Freight Charge Setoffs" | January 2003 |
Shipper Load and Count | "Customers Aren't Always Right" | December 2002 |
Theft of Spotted Trailer | "The Potential Peril of Trailer Dropping" | November 2002 |
Bill of Lading | "Uniformity Benefits All Parties" | October 2002 |
Off-bill Discounts | "Beware of Off-bill Discounting" | September 2002 |
On-Hand Notice - Rejected Shipments | "Dealing with Rejection" | August 2002 |
Indemnity/Cargo Insurance | "Watch What You Sign and Haul" | July 2002 |
Bill of Lading | "Do You Have a Bill of Lading?" | June 2002 |
Concealed Damage Claims | "Defending Concealed Damage Claims" | May 2002 |
Insurance Loopholes | "Heartbreak of Phantom Coverage" | April 2002 |
Freight Charge Liability Issues | "Don't bank on brokers" | March 2002 |
Safe Stat - safety ratings, are you ripe for audit | "Are you Safe in Safestat? | February 2002 |
Carriers Acting Like Brokers | "Don't confuse carrier and brokers" | January 2002 |
Shipper's Liability for Freight Charges | "Shippers can pass the buck" | December 2001 |
Undercharge/overcharge Claims -- Filing Deadlines | "Not better than never" | November 2001 |
Shipper Load and Count Loads | "Signed, sealed and delivered" | October 2001 |
Cargo Insurance | "A solution to exclusions" | September 2001 |
Indemnification Clauses in Contracts | "Sign at your own risk" | August 2001 |
Bank Trust Agreements for Brokers | "Trustworthy trust?" | July 2001 |
Intermediary's Duty to Transmit Payments | "Who's money is it, anyway?" | June 2001 |
Broker -- Liability for Cargo Claims | "Liability Can Break Brokers" | May 2001 |
Safety Scores -- How to Determine Your Score | "Are You in Line for a Safety Audit" | April 2001 |
International Shipments -- Different Cargo Liability for Mexican and Canadian Shipments | "Head for the Border?" | March 2001 |
Safety Regulations -- Recordkeeping | "Avoid a Shutdown or High Fine" | January 2001 |
Cargo Claims -- Common Law Defenses | "Guilty Until Proven Innocent?" | December 2000 |
Logistics Company -- Status as a Broker | "A Broker is Still a Broker: Doing Business Online Doesn't Waive Legal Responsibilities" | November 2000 |
Bankruptcy -- Carriers' Rights as Creditors and Preference Exposure | "Bracing for Bankrupt Customers - Inattention to Receivables and Procedural Deadlines Could Cost You" | October 2000 |
Billing Practices -- Prohibition Against False and Misleading Bills | "Don't Let Your Freight Bills Deceive - Other Parties' Terms Can Lead You Into False and Misleading Billing" | September 2000 |
Global Logistics -- Pitfalls of Confusing Liability Rules | "The Pitfalls of Global Logistics - Knowing the Risks Can Help You Limit Your Exposures," | August 2000 |
Hours of Service -- FMCSA Rulemaking Proposal Poractical Challenges | "Many Questions, Few Answers - Hours of Service Proposal Creates Huge Practical Challenges," | July 2000 |
Hours of Service -- Effect on Small Carriers | "A Terribly Flawed Proposal - Hours of Service Plan Threatens Small Carriers" | June 2000 |
Salvage Rules | "Salvaging a Rejected Load - Careful Attention to Regulations Helps Protect Your Interests," | May 2000 |
Fuel Charges | "It's Time for Legislation on Fuel," | April 2000 |
Time Limits for filing Cargo Claims and Overcharge/Undercharge | "Is Time On Your Side?" - Watch procedural deadlines governing claims and charges carefully | March 2000 |
Air Freight | "Beware of Air Freight Loads" | February 2000 |
Carrier and Broker -- Why Operations Should Be Separated | "The Perils of Being Both Carrier and Broker" | January 2000 |
Fuel Surcharge - Calculating | "Easing the pain of fuel-price surges" | December 1999 |
Owner-operators -- Leasing, Taxing and Insurance Issues | "Use care with owner-operators" | November 1999 |
Lumper Abuse | "More than our share of lumpers" | October 1999 |
Tariffs and Contracts Terms | "Good credit terms can prevent bad debts" | September 1999 |
Rules and Circulars | "Write your own rules of business" | August 1999 |
Contracts -- 10 Key Issues to Protect a Carrier's Interest | "How solid is your contract?" | July 1999 |
Shipper/Broker Contracts -- Objectionable Provisions | "Watch for traps in contracts" | June 1999 |
Bill of Lading -- Need for Standard Rules | "Beware of bill lading traps" | May 1999 |
Broker and Freight Forwarder Distinctions | "Watch who books your loads" | April 1999 |
Safety Audits | "Are you a candidate for a safety audit?" | March 1999 |
Cargo Policies -- Exclusions to Watch Out For | "How to avoid high-value cargo catastrophe - Failure to limit exposure could cost you your business" | January 1999 |
Cargo Liability -- How to Avoid Loss | "Limiting your risks in cargo claims" | October 1998 |
Related/Cross-Referenced
Topics: |
||
Broker's Surety Bonds | "Trustworthy trust?" | July 2001 |
Conduit Theory | "Who's money is it, anyway?" | June 2001 |
Broker's Duty and Obligation | "Who's money is it, anyway?" | June 2001 |
Inspection Notification, Sale of Salvage | "Salvaging a Rejected Load - Careful Attention to Regulations Helps Protect Your Interests," | May 2000 |
Setoffs | "Limiting your risks in cargo claims" | Fall 1998 |
Additional Insured Status | "A solution to exclusions" | September 2001 |
Sealed Loads | "Signed, sealed and delivered" | October 2001 |
Nonrecourse | "Shippers can pass the buck" | December 2001 |
All articles from Trucking Co. Magazine, www.etrucker.com , Copyright © 2006, Randall Publishing Co. Inc. 3200 Rice Mine Road NE, Tuscaloosa, AL 35406. No reproduction without written authorization.
Other Articles
Articles by John Husk:
"Getting Paid for Waiting -- Issues Regarding Detention Charges in Today's Trucking Industry"
"Defending a Cargo Claim: Preliminary Considerations"
"Navigating Motor Carrier Interests in Bankruptcy"
Articles by Henry E. Seaton, Esq.,
Vicarious Liability: Why The FMCSA Is The Ultimate Judge Of Highway Safety
reprinted from Transportation Lawyers Association, October 2010
"Pre-Loaded Trailers: Tips for Avoiding Liability Issues"
reprinted from Refrigerated Transporter, September 1, 2008
"A Different Point of View on Broker Liability in Light of Jones
v. D'Souza"
reprinted from In Transit Magazine from the Transportation Loss Prevention & Security Association, Nov 2007
"The Man Caught in the Middle" [Article]
[Powerpoint Presentation]
"The Cost of Risk -- The Illusion
of Coverage" by Avery Vise
Newsletters
August
2003 Seaton & Husk Newsletter
Recent Developments in Federal Regulations
Book on Contracting is Published
Fall Credit and Collection Seminars Announced
Recent Transportation Articles
For More Information...
July 2002 Seaton & Husk Newsletter
In this Issue:
Closing A Loophole: Do You Have a Bill of Lading?
"Do You Having a Bill of Lading" reprinted from June 2002 CCJ
Worldpoint Logistics Bar Date Established
Transportation Contracting Booklet: Release Schedule for Summer 2002
Fall Credit and Collection Seminars Announced