Transportation Law Articles

The following articles are reprinted from
The Commercial Carrier Journal (CCJ) at www.etrucker.com
Articles are being added frequently.
Please check back for additions and updates.

Topic	Article	Date
	When Winners Become Losers	June 2008
Double Brokering-Verifying Who Hauled the Freight	Broken by Double Brokering	May 2008
Owner-Operator Model Under Attack	Winds of Classification Changing	April 2008
Insurance Audit Surprises	Get Assurances on Insurance	March 2008
Reasonable Dispatch	When is Dispatch Unreasonable?	February 2008
Factors - When to Pay Them	Figuring Out Factoring	January 2008
Independent Contractors/Owner-Operators Part 3 - Preserving their Status	Declaring Independence	December 2007
Independent Contractors/Owner-Operators Part 2-Inconsistent State Law Treatment	A Patchwork Quilt of Classification	November 2007
Independent Contractors/Owner-Operators Part 1-The Classification Conflict	Are Independents Independent?	October 2007
Hours of Service Requirements Revisited	Counting the Hours	September 2007
Auto Haulers - Constructive Total Loss	If it's Dented, is it Worthless?	August 2007
NMFTA Classification - Loss of Antitrust Immunity	Throw out the Rulebook?	July 2007
Act of God - Exception to Cargo Liability	When is it an Act of God?	June 2007
Reasonable Dispatch	How Late is Too Late?	May 2007
Roadability - Intermodal Equipment	Bearing a Heavy Load	April 2007
Damages, Measure of Full Actual Value	What's a Shipment Worth?	March 2007
ATA Model Contract - Waiver of Federal Statutes and Regulations	Stick with Federal Law	February 2007
Model Contracts - Recourse to Shippers	Who Pays the Freight?	January 2007
Model Contracts-Claims Setoff	"A Silent But Deadly Omission"	December 2006
Role of Brokers in Model Contracts	"Brokers’ Role Must Be Fixed"	November 2006
What is a Truckload?	"Wrongfully Rejected?"	October 2006
TSA Security Measures	"Check one, two, three"	September 2006
Broker/Carrier Contracts-TIA Model Contract	"TIA model contract not pretty"	August 2006
Cargo Liability-Carmack v. Contractual Indemnity	"Sour pickles not spoiled"	July 2006
Cargo Claims-Broker Seals/Duty to Mitigate	"Just stick to Carmack"	June 2006
Anti-Indemnity State Law Statutes	"Don't rely on anti-indemnity law"	May 2006
Offsets Against Freight Charges	"Let courts settle cargo claims"	April 2006
CT-PAT/Security Requirements	"Put Security in Writing"	March 2006
Cargo Claims Filing Requirements	"Time Is On Your Side"	February 2006
The Use of Corporate Affiliates	"Divided You Stand"	January 2006
Freight Charges - Who is Liable: the Broker, the Shipper, Both, or Neither?	"The Buck Must Stop Somewhere"	December 2005
Emergency Shipments	"Post-Katrina Logistics Nightmare"	November 2005
Indemnity "arising out of" Language	"Troubled Indemnity"	October 2005
Broker and Freight Forwarder Possible Deregulation	"Bad Idea is One Step Closer"	September 2005
Back Solicitation Agreements	"Don’t Go Behind Broker’s Back"	August 2005
BMC-32 Regulation	"Fix – Don’t Kill – Cargo Filing"	July 2005
Workers Comp, A Patchwork Quilt	"Whomped by Workers’ Comp"	June 2005
Certificates or Permits	"What’s in a name?"	May 2005
Damage Noted at Delivery	"You are Presumed Liable"	April 2005
Critical Vendors	"When Customers Go Bankrupt"	March 2005
Brokers Trust Funds	"A Breach of Trust"	February 2005
Intermodal Cargo Liability/Sup. Ct. Decision	"Accepting Intermodal Truths"	January 2005
Safestat Corrections	"The Dangers of Data"	December 2004
RFID	"The New Wave in Cargo Count"	November 2004
"Fines by States for Permit Violations"	"Another Fine Mess"	October 2004
"Recourse -- Avoiding Contract Waivers"	"Protect Your Right to Get Paid"	September 2004
ATA/NITL Model Contract	"The Model of a Contract"	August 2004
Co-insurance	"Beware of co-insurance loopholes"	July 2004
Broker's Bonds	"Broker bonds cover international loads"	June 2004
Broker Liability for Freight Charges and Cargo Claims	"Truly Stuck in the Middle"	May 2004
Cargo Liability on Subcontracted Loads	"Don't Accept Another's Risk"	April 2004
Detention/How to Bill Responsible Party	"Collecting from Consignees"	March 2004
Mexican Shipments: Through Bill of Lading	"Ready for Loads into Mexico?"	February 2004
Hours of Service: Sleeper Berth Anomaly	"Tired but Legally Rested"	January 2004
Carriers-Hiring Others to Provide Services	"Don't Contract Out Loads Lightly"	December 2003
HOS Rules-The Cost	"Recouping Hour Rule Costs"	November 2003
Indemnity Clauses in Contracts	"Beware of Accepting Your Customers' Risk"	October 2003
COD - Collect on Delivery Problems	"Beware of COD Requests"	September 2003
Shipper Recourse	"They Shouldn't Have It Both Ways"	August 2003
Proposed FMCSA Regulation	"A Truly Bad Idea"	July 2003
Bankruptcy/Preference Actions	"Feeding on the Victims"	June 2003
Double Brokering	"The Scourge of Double Brokering"	May 2003
Proof of Delivery/Need for Originals	"Nothing but the original?"	April 2003
Hijack/Lien	"Hijack or Lien?"	March 2003
Broker Liability Issues	"Keep It Clean"	February 2003
Setoffs	"Don't Accept Freight Charge Setoffs"	January 2003
Shipper Load and Count	"Customers Aren't Always Right"	December 2002
Theft of Spotted Trailer	"The Potential Peril of Trailer Dropping"	November 2002
Bill of Lading	"Uniformity Benefits All Parties"	October 2002
Off-bill Discounts	"Beware of Off-bill Discounting"	September 2002
On-Hand Notice - Rejected Shipments	"Dealing with Rejection"	August 2002
Indemnity/Cargo Insurance	"Watch What You Sign and Haul"	July 2002
Bill of Lading	"Do You Have a Bill of Lading?"	June 2002
Concealed Damage Claims	"Defending Concealed Damage Claims"	May 2002
Insurance Loopholes	"Heartbreak of Phantom Coverage"	April 2002
Freight Charge Liability Issues	"Don't bank on brokers"	March 2002
Safe Stat - safety ratings, are you ripe for audit	"Are you Safe in Safestat?	February 2002
Carriers Acting Like Brokers	"Don't confuse carrier and brokers"	January 2002
Shipper's Liability for Freight Charges	"Shippers can pass the buck"	December 2001
Undercharge/overcharge Claims -- Filing Deadlines	"Not better than never"	November 2001
Shipper Load and Count Loads	"Signed, sealed and delivered"	October 2001
Cargo Insurance	"A solution to exclusions"	September 2001
Indemnification Clauses in Contracts	"Sign at your own risk"	August 2001
Bank Trust Agreements for Brokers	"Trustworthy trust?"	July 2001
Intermediary's Duty to Transmit Payments	"Who's money is it, anyway?"	June 2001
Broker -- Liability for Cargo Claims	"Liability Can Break Brokers"	May 2001
Safety Scores -- How to Determine Your Score	"Are You in Line for a Safety Audit"	April 2001
International Shipments -- Different Cargo Liability for Mexican and Canadian Shipments	"Head for the Border?"	March 2001
Safety Regulations -- Recordkeeping	"Avoid a Shutdown or High Fine"	January 2001
Cargo Claims -- Common Law Defenses	"Guilty Until Proven Innocent?"	December 2000
Logistics Company -- Status as a Broker	"A Broker is Still a Broker: Doing Business Online Doesn't Waive Legal Responsibilities"	November 2000
Bankruptcy -- Carriers' Rights as Creditors and Preference Exposure	"Bracing for Bankrupt Customers - Inattention to Receivables and Procedural Deadlines Could Cost You"	October 2000
Billing Practices -- Prohibition Against False and Misleading Bills	"Don't Let Your Freight Bills Deceive - Other Parties' Terms Can Lead You Into False and Misleading Billing"	September 2000
Global Logistics -- Pitfalls of Confusing Liability Rules	"The Pitfalls of Global Logistics - Knowing the Risks Can Help You Limit Your Exposures,"	August 2000
Hours of Service -- FMCSA Rulemaking Proposal Poractical Challenges	"Many Questions, Few Answers - Hours of Service Proposal Creates Huge Practical Challenges,"	July 2000
Hours of Service -- Effect on Small Carriers	"A Terribly Flawed Proposal - Hours of Service Plan Threatens Small Carriers"	June 2000
Salvage Rules	"Salvaging a Rejected Load - Careful Attention to Regulations Helps Protect Your Interests,"	May 2000
Fuel Charges	"It's Time for Legislation on Fuel,"	April 2000
Time Limits for filing Cargo Claims and Overcharge/Undercharge	"Is Time On Your Side?" - Watch procedural deadlines governing claims and charges carefully	March 2000
Air Freight	"Beware of Air Freight Loads"	February 2000
Carrier and Broker -- Why Operations Should Be Separated	"The Perils of Being Both Carrier and Broker"	January 2000
Fuel Surcharge - Calculating	"Easing the pain of fuel-price surges"	December 1999
Owner-operators -- Leasing, Taxing and Insurance Issues	"Use care with owner-operators"	November 1999
Lumper Abuse	"More than our share of lumpers"	October 1999
Tariffs and Contracts Terms	"Good credit terms can prevent bad debts"	September 1999
Rules and Circulars	"Write your own rules of business"	August 1999
Contracts -- 10 Key Issues to Protect a Carrier's Interest	"How solid is your contract?"	July 1999
Shipper/Broker Contracts -- Objectionable Provisions	"Watch for traps in contracts"	June 1999
Bill of Lading -- Need for Standard Rules	"Beware of bill lading traps"	May 1999
Broker and Freight Forwarder Distinctions	"Watch who books your loads"	April 1999
Safety Audits	"Are you a candidate for a safety audit?"	March 1999
Cargo Policies -- Exclusions to Watch Out For	"How to avoid high-value cargo catastrophe - Failure to limit exposure could cost you your business"	January 1999
Cargo Liability -- How to Avoid Loss	"Limiting your risks in cargo claims"	October 1998
Related/Cross-Referenced Topics:
Broker's Surety Bonds	"Trustworthy trust?"	July 2001
Conduit Theory	"Who's money is it, anyway?"	June 2001
Broker's Duty and Obligation	"Who's money is it, anyway?"	June 2001
Inspection Notification, Sale of Salvage	"Salvaging a Rejected Load - Careful Attention to Regulations Helps Protect Your Interests,"	May 2000
Setoffs	"Limiting your risks in cargo claims"	Fall 1998
Additional Insured Status	"A solution to exclusions"	September 2001
Sealed Loads	"Signed, sealed and delivered"	October 2001
Nonrecourse	"Shippers can pass the buck"	December 2001

Other Articles

Articles by John Husk:
(Adobe Acrobat required)

"Getting Paid for Waiting - - Issues Regarding Detention Charges in
Today's Trucking Industry"
"Brokers v. Freight Forwarders: Understanding the Difference is Important"
"Defending a Cargo Claim: Preliminary Considerations"
"Navigating Motor Carrier Interests in Bankruptcy"

Articles by Henry E. Seaton, Esq.,

"A Different Point of View on Broker Liability in Light of Jones v. D'Souza"
reprinted from In Transit Magazine from the Transportation Loss Prevention
& Security Association, November 2007

"The Man Caught in the Middle" [Article] [Powerpoint Presentation]

"The Cost of Risk -- The Illusion of Coverage" by Avery Vise

August 2003 Seaton & Husk Newsletter
Recent Developments in Federal Regulations
Book on Contracting is Published
Fall Credit and Collection Seminars Announced
Recent Transportation Articles
For More Information...

July 2002 Seaton & Husk Newsletter
In this Issue:
Closing A Loophole: Do You Have a Bill of Lading?
"Do You Having a Bill of Lading" reprinted from June 2002 CCJ
Worldpoint Logistics Bar Date Established
Transportation Contracting Booklet: Release Schedule for Summer 2002
Fall Credit and Collection Seminars Announced

July 2001 Seaton & Husk Newsletter

All articles from Trucking Co. Magazine
www.etrucker.com
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