Transportation AND iNTERNATIONAL tRADE Articles
"Double Payment" by Shippers: The Case in Favor of the Carrier’s Right to Payment (originally published April 2008)
This article discusses the carrier's right to seek payment from the shipper and consignee when the broker fails to pay the freight charges owed.
Limitations on the Carriers' Right to Double Payment
This article was written in 2012, several years after the first "Double Payment" article discussed above, to address misconceptions concerning the circumstances under which a carrier is entitled to "double payment," i.e., to recover payment from a shipper or consignee after they have already paid a broker or other intermediary.
A Transportation Lawyer's Guide to the Removal of Cases to Federal Court (December 2007)
Find out when you can remove cases to federal court, how to do it, and what you can do if the District Court issues an erroneous order of remand.
Minimizing Litigation Expense and Reducing Liability (December 2007)
Describes what transportation providers can do now to avoid litigation or at least reduce the expense and risk of litigation in the future.
Ocean Bills of Lading: Past, Present and Future (originally published November 2009)
This article discusses the history of ocean bills of lading, current issues arising under ocean bills of lading, and the changes which will arise if the Rotterdam Rules are adopted.
Creating an Enforceable Lien (November 2007)
Describes how a transportation provider can obtain an enforceable lien on a customer's cargo which covers the amounts owed for prior shipments.
The Sale of Cargo Insurance by Transportation Providers--Is it Legal? (July 2006)
This article discusses the need to obtain a shipper's interest license to sell cargo insurance in California.
Satisfying the "Fair Opportunity" Requirement under a COGSA Bill of Lading (October 2001)
We discuss the judicial requirement that a shipper be provided a "fair opportunity" to avoid the limit of liability in order to ensure the validity of the COGSA $500 per package limitation of liability.
The Mason and Dixon Case - Let's Get the Message Right (originally published June 2010)
Does the Mason and Dixon case really mean that all Customs brokers who issue a Delivery Order (DO) can be found liable as a motor carrier? Read this article to find out.
ADDRESS AND CONTACT INFORMATION:
111 North Market Street, Suite 300
San Jose, CA 95113
Visit us on Linked In