Articles
Fine Print: Supply Chain Legal Issues
2005: Happy or Unhappy Anniversary?
Last year marked the anniversary of several laws and events that revolutionized transportation regulation in the United States: The 10th anniversary of the Interstate Commerce Commission’s (ICC) demise. The 25th anniversary of deregulation in the railroad industry. The 25th anniversary of partial deregulation in the motor carrier industry. The 28th anniversary of deregulation in the […]
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Substituting Trucks for Air Shipments: A Questionable Practice
Recently, a U.S. District Court in Arizona rejected a freight forwarder’s attempt to issue an airbill for a partial truckload shipment because the shipment was moved by truck—neither the shipper nor the forwarder ever intended to move it via air. This decision has broad implications for the trucking and brokerage industries as it is one […]
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Getting Time Limits on Your Side
Shippers are familiar with the rule that they must file claims against carriers in writing within the time limits defined in carriers’ bills of lading or tariffs, or in government statutes or treaties. But rules have exceptions. The Carmack Amendment, for example, states that a motor carrier, freight forwarder, or railroad may not limit the […]
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‘Model Contracts’ Not the Right Model
During the past few years, "model contracts" drafted by organizations representing shippers, carriers, and brokers have become common. Such agreements, however, are not in shippers’ best interests because, in drafting them, organizations bargain away some of shippers’ rights and remedies without their input. Recently, the American Trucking Associations (ATA)—which represented truckers during model shipper/trucker contract […]
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Not-So-Friendly Foreign Liability Laws
The United States may be the largest trading nation in the world, but U.S. importers do not always dictate the rules by which imports are governed. This is especially the case when it comes to establishing carriers’ liability for lost, damaged, or delayed shipments originating in foreign countries. Some foreign nations have adopted novel rules […]
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