Preventing, Mitigating, and Defending Cargo Loss Claims
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will advise transportation counsel on avoiding, managing, and defending against cargo losses and damages. The panel will discuss avoidance and prevention techniques and how counsel can structure contracts between motor carriers, brokers, and shippers to prevent or mitigate exposure to claims for cargo liability. The panel will address how clarity in agreements with respect to a client's role in a transportation transaction, along with well-drafted indemnity and arbitration provisions can be used to limit liability. The panel will then discuss mitigation of cargo claims as the claim is unfolding and which party to the transaction bears the obligation of mitigation and salvage. Finally, the panel will discuss defense strategies for after a lawsuit for cargo loss and damage is filed, including motor carrier defenses and preemption.
- Transportation agreements
- Force majeure
- Limitation of liability
- Reliance on upstream/downstream tariffs
- Mitigation of damages
- Obligation of salvage
- The role of the adjuster
- Defenses to cargo claims
- The five carrier defenses
- Act of God
- Public enemy
- Public authority
- Inherent vice
- Shipper error
- Failure to disclose value?
- Carmack preemption
- FAAAA preemption
- The five carrier defenses
- Recent cases
- Secura Insurance Mutual Co. v. Old Dominion Freight Line Inc.
- Val’s Auto Sales & Repair L.L.C. v. Garcia
- Crypto Crane L.L.C. v. FedEx Ground Package Systems Inc.
- Security USA Services Inc. v. United Parcel Service Inc.
- Coyote Logistics L.L.C. v. Mera Trucking L.L.C.
- Aspen American Insurance Co. v. Landstar Ranger Inc.
- Dubow Textile Inc. v. Western Specialized Inc.
- Best practices
The panel will discuss these and other relevant topics:
- What provisions in motor carrier agreements should counsel consider amending in the current environment?
- What changes to a force majeure provision in a transportation agreement should practitioners make?
- How do indemnity and arbitration provisions affect cargo loss claims?
Hillary A. Booth
Ms. Booth works with clients in contract negotiations and prepares agreements including those used by shippers,... | Read More
Ms. Booth works with clients in contract negotiations and prepares agreements including those used by shippers, brokers, and motor carriers for freight transportation, equipment lease agreements and related financing agreements, partnership and share buy-out agreements, warehouse agreements, and service agreements used in multiple industries. She provides management related advice to clients in numerous business sectors, particularly in the logistics industry.Close
John L. Marchione
Mr. Marchione focuses on transportation and logistics issues and serving in the firm’s litigation and corporate... | Read More
Mr. Marchione focuses on transportation and logistics issues and serving in the firm’s litigation and corporate practice groups. He regularly handles cargo claims, freight pay disputes, contract negotiations, regulatory issues, insurance defense matters, insurance coverage matters, appeals, and other complex civil litigations in both state and federal court. Mr. Marchione prides himself on being a legal problem-solver capable of decoding even the most complicated legal puzzles. His ability to fairly analyze and assess the strengths and weaknesses of any situation are the foundation of his consistent exercising of practical, sound judgment.Close
George Carl Pezold
Pezold Smith Hirschmann & Selvaggio
Mr. Pezold is the senior member of Pezold Smith Hirschmann & Selvaggio LLC, and is engaged in general practice with... | Read More
Mr. Pezold is the senior member of Pezold Smith Hirschmann & Selvaggio LLC, and is engaged in general practice with a concentration in transportation law. He represents shippers, carriers, freight forwarders, brokers and intermediaries in transportation matters throughout the country. In addition to his extensive legal experience, Mr. Pezold is the Executive Director of the Transportation & Logistics Council (www.TLCouncil.org), and has written numerous texts, manuals and articles and lectured widely on transportation subjects. He is the author of “Freight Claims in Plain English” (4th ed.), “Shipping and Receiving in Plain English,” and the “Transportation & Logistics - Q&A in Plain English” series, the eleventh of which has just been published.Close