Liability for Freight

June 1, 2009
Maintenance and cure: collectible under penalty of punitive damages (Jones Act notwithstanding)

May 1, 2009
Carmack governs ocean carrier’s liability: U.S. surface carriage liability law hits the high seas

April 30, 2009
Consignee Responsible for "Freight Prepaid" Carriage

April 1, 2009
By Land or By Sea . . . A Comparison of the Fundamentals of the Carmack and COGSA Liability Regimes

December 1, 2008
Comparative Fault: How U.S. maritime law carves out liability apportionments

November 1, 2008
Son of the Sompo Japan Slip-Up: Second Circuit holds COGSA governs ocean carrier and NVOCC liability for inland loss.

October 1, 2008
Offset: Carmack doesn’t preclude shippers from deducting lost cargo value from outstanding freight charges.

September 1, 2008
Exclusively economic damages are not recoverable in maritime tort, but they may be under state law.

August 1, 2008
Kirby’s wake? How the calm waters of ocean transportation intermediary and subcontractor liability suddenly became unpredictable

April 29, 2008
LEI v Canada Garlic - Securing Payment With STCs

April 1, 2008
Can cargo owners who aren’t shippers of record sue carriers for lost/damaged freight?

December 1, 2007
Peril of the Sea: when should carriers be responsible for bad weather?

November 1, 2007
A Transportation Intermediary Could be Liable for a Carrier’s Accident

March 25, 2007
The U.S. Supreme Court simplifies dismissal of misplaced lawsuits.

February 22, 2007
Attorneys’ Fees: When can you get them back?

January 22, 2007
Limitation of Liability: What’s a Package?

December 1, 2006
The Evolution of Intermodelism Personified: A Motor Carrier Takes on a Steamship Line at the FMC

November 3, 2006
Carrier Antitrust Immunity Revisited: The Continent Abolishes it; is Uncle Sam Next?

November 2, 2006
CIFFA Standard Trading Conditions Upheld by Quebec Court

August 15, 2006
Just when you thought it was safe to come out of the water: the Second Circuit weakens Kirby’s effect on connecting surface carrier liability

February 1, 2006
We Finally Have the Answer! Federal Law Does Not Require Cargo Insurance Coverage for Contract Motor Carriage

August 15, 2005
Hague Rules do not govern liability for freight

May 1, 2005
Ocean Transportation Intermediary Liability: Baseless Finger Pointing Costs a Shipper Big Bucks

April 1, 2005
Salted Beef: Who Presides Over Ocean Shipping Disputes, When, and Why

March 1, 2005
Liening on Subfreights: A Deadbeat Charterer Can Get Its Shippers into Trouble

January 1, 2005
Backtracking Through the Himalayas: The U.S. Supreme Court Rules Connecting Railroad's Liability is Limited by Ocean Bills of Lading

June 6, 2004
Federal Court of Canada allow carrier to recover unpaid freight from shipper who had paid forwarder 

December 1, 2003
A Steamship Line Dodges a Motor Carrier’s Limitation of Liability, or Why Truckers Should Do Their Own Paperwork

June 1, 2003
The Continuing Saga of Cargo Liability Reform: the Debate Goes International

April 3, 2003
FIATA Legal Handbook and Obligation to Pay Freight

February 3, 2003
Carrier sues and recovers transport charges from forwarder!

April 3, 2002
German Freight Forwarders Conditions and German Commercial Code - Forwarder unable to recover Dead Freight owed to carrier from its customer

October 12, 2001
My cargo is damaged so I won't pay! Customers right to set-off damage claims against unpaid freight owing forwarder.

August 24, 2001
If you have a claim, don't sit on your hands!

August 1, 2001
Carriers and shippers/intermediaries should negotiate limited carrier liability for cargo loss in favor of lower freight rates

June 21, 2001
Forwarder's liability for unpaid freight - Custom of the Trade in England

June 8, 2000
Carrier's Recovery of unpaid freight from Shipper or Forwarder

March 17, 2000
Federal Court of Canada rejects carrier's right of recovery of unpaid freight from shipper who had paid forwarder that failed to pay carrier 

1999-11 - Deregulation is Underway: What Intermediaries Should Do in the Interim

Federal Court of Canada Judgment - American President Lines v. Pannill Veneer

Shipper's liability for unpaid freight