The Law Office of Seaton & Husk, LP

Transportation Law Articles

The following articles are reprinted from Internet Truckstop's online magazine at

2016 Vol. 10, No. 3FMCSA's Carrier Fitness Plan Fails On All Counts
2016 Vol. 10, No. 2The New Highest Price of Operating
2016 Vol. 10, No. 1Compliance and Competitive Advantage
2015 Vol. 9, No. 6Small Steps to Retaining Drivers, Bob Rothstein
2015 Vol. 9, No. 5Major Compliance Changes Ahead
2015 Vol. 9, No. 3Safety and Technology in the Foodstuff Supply Chain
2015 Vol. 9, No. 2Rigged To Fail
2015 Vol. 9, No. 1I Am Not A Futurist
Nov-Dec 2014 Vol. 8, No. 6Reduce Fatigue, Not Productivity
Sep-Oct 2014 Vol. 8, No. 5Win, Lose or Draw, ASECTT v. FMCSA
Jul-Aug 2014 Vol. 8, No. 4
Sep-Oct 2014 Vol. 8, No. 5
No Good Deed Goes Unpunished
Letter to Editor in Response
May-Jun 2014 Vol. 8, No. 3Technology, The Law, And Politics
Jan-Mar 2014 Vol. 8, No. 2$75,000 Broker Bond Revisited
September-October 2013 Types of Insurance That Every Carrier Needs
July-August 2013 Unintended Consequences: Fighting Fraud in Transportation Legislation
May-June 2013 Hours of Service Rules: The problem with measuring fatigue.
March-April 2013 Technology and the Law
Volume 7.1: Jan-Feb 2013 Protecting Cargo: Part Two - Tips to Combat Scams (p. 17)
Year of Questions (p. 24)
Volume 6.6: Nov-Dec 2012Protecting Cargo: Part One
Volume 6.5: Sep-Oct 2012Shipper Liability Revised

The following articles are reprinted from The Commercial Carrier Journal (CCJ) at

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, , 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


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

July 2001 Seaton & Husk Newsletter

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