Damage and Delay to Interstate Shipments: Motor Carrier Cargo Claims Under the Carmack Amendment
A live 90-minute CLE video webinar with interactive Q&A
This CLE webinar will discuss bringing or defending interstate motor carrier cargo claims under the Carmack Amendment to the Interstate Commerce Act. The panel will offer best practices for both shippers and carriers for resolving claims favorably.
Outline
- Relevant statutes and regulations
- Compliance requirements for shippers
- Compliance requirements for carriers
- Shipper rights in the face of damaged goods
- Claim filing period
- Shipper's burden of proof
- Proof of damages
- Duty to mitigate
- Carrier defenses
- Liability defenses
- Limitation of liability
- Damages recoverable
- Investigation and inspection of cargo
- Best practices for shippers and carriers
Benefits
The panel will discuss these and other important issues:
- When does the Carmack Amendment apply to cargo claims?
- How is the value of damage calculated?
- How do parties determine whether the carrier was transporting goods in interstate commerce?
- What should a carrier do if its investigation shows that the property damage occurred on another carrier's watch?
- How does a carrier limit its liability for claims for loss or damage?
Faculty
Wm. Daniel Floyd
Partner
Lewis Brisbois Bisgaard & Smith
Mr. Floyd is a partner in the Atlanta office of Lewis Brisbois and is Vice-Chair of the firm’s Transportation... | Read More
Mr. Floyd is a partner in the Atlanta office of Lewis Brisbois and is Vice-Chair of the firm’s Transportation Practice and National Liaison for Nationwide Cargo Issues. He has significant trial, argument and negotiation experience in state courts, federal and appellate courts, as well as mediation and arbitration. Mr. Floyd's practice focuses on Transportation matters involving Aviation, Broker, Cargo, Motor Carrier and Regulatory liability as well as general liability, products liability, civil sex trafficking claims, insurance coverage, including first party coverage disputes, suspicious losses, and major casualty disputes. In addition, he serves as a regional counsel coordinating the defense of trucking liability claimants throughout the country. Mr. Floyd is an experienced member of the firm’s 24/7 Rapid Response Team which is staffed 24/7, 365 days per year. Working with a team of experts and investigators, numerous clients rely on his expertise to direct the 24/7 Rapid Response Team’s early investigation and to manage large claim exposure through trial for catastrophic and fatal injury claims as well as Cargo claims ranging from Carmack and COGSA issues, Household Goods, Regulatory and Theft claims. Mr. Floyd has frequently spoken and written on various legal issues involving pre-suit investigation, litigation and trial techniques.
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Emileigh S. Hubbard
Shareholder
Henry Oddo Austin Fletcher
Ms. Hubbard, a leader in the firm's litigation section, focuses on transportation, logistics, business, and... | Read More
Ms. Hubbard, a leader in the firm's litigation section, focuses on transportation, logistics, business, and insurance defense litigation. She routinely represents individuals, freight and household goods motor carriers and logistics providers, insurance companies, and other corporate entities in state and federal courts nationwide. Ms. Hubbard provides guidance as local counsel in all United States District Courts in Texas and has successfully represented clients in bench and jury trials, as well as appeals. She began her legal career as a law clerk in the United States District Court for the Eastern District of Texas where she completed clerkships for both the Honorable Amos L. Mazzant and the Honorable Christine A. Nowak.
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Maximilian Julian, Esq.
Partner
Gertsburg Licata Co.
Mr. Julian is a pragmatic, results-oriented litigator whose practice focuses on commercial litigation. He has... | Read More
Mr. Julian is a pragmatic, results-oriented litigator whose practice focuses on commercial litigation. He has experience representing businesses in contested matters involving commercial and consumer contracts, trade secrets, non-compete, and non-solicitation covenants, construction agreements, shareholder rights, fiduciary duties, online defamation, business torts, insurance coverage, and other complex commercial disputes including employment and consumer class actions. Mr. Julian also provides strategic advice to the firms’ clients in relation to their information security and data privacy compliance needs. He chairs the firm’s Compliance and Ethics Committee.
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