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What You Will Learn

This is no ordinary textbook. It not only relates the laws and regulations, carrier tariffs and practices governing transportation and logistics in today’s environment, it focuses on the problem areas that have resulted in disputes and litigation? and suggests how these pitfalls can be avoided. It covers real-world experiences during the author’s 50 years of practicing transportation law, during which he counseled shippers and their trade associations, carriers, brokers and freight forwarders on a wide variety of problems.

You will learn about:

  • Surface carriers, brokers and railroads may now be sued for damages and attorney fees for any violations of the Interstate Commerce Act.
  • There are financial risks when shipping “COD”.
  • Motor carriers are limiting their liability in ways that the ICC would not have allowed.
  • A shipper may be bound by unfiled tariff provisions of which it was unaware.
  • Motor carriers need not inform shippers of their tariff provisions unless the shipper requested a copy of the carrier’s tariff before shipping.
  • Depositing a claim check for less than the claimed amount may foreclose collecting the full amount.
  • Household Goods Carriers are still subject to strict government regulation.
  • Parcel Express Carriers are still subject to some regulation and laws.
  • Carriers have a duty to inspect shipper-loaded vehicles before leaving origin.
  • Manufacturers are at risk when partially-damaged shipments are sold in salvage sales.
  • How a BMC 32 and an FF 32 Endorsement protects shippers when a carrier fails to pay a lawful loss or damage claim.
  • How the Classification System can adversely impact shippers and receivers.
  • How and when a carrier may have a lawful lien on goods in its possession.
  • How long records must be preserved.
  • How and when your firm is exposed to costly lawsuits.
  • How to determine if a third party logistics provider may have a conflict of interest.
  • The penalties and fines for violating the statutes and regulations in effect today.


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Testimonial

Dear Bill,

I contacted you a few months ago because I was being sued by a major motor carrier. After giving you a few details, you suggested I purchase your book and photocopy some pages pertaining to a couple of legal principles.

The trial was today, June 12, 2002. The case involved a typical double brokered situation. As a freight broker, I had given a load to a carrier who brokered it to another carrier without my knowledge. I subsequently paid carrier #1. The second carrier was mentioned nowhere on the Bill of Lading so I was unaware of their involvement until I received an invoice from them months later. They of course had not been paid by the carrier I contracted with, so they were coming after my company for the funds.

I appeared before the judge this morning, defending myself. The plaintiff was represented by an attorney and a legal representative from the carrier via speaker phone from their corporate office. After 30 minutes of deliberation over technicalities, the attorney for the plaintiff began reciting legal precedent why I must pay the invoice to his client. When given an opportunity, I presented the judge with 13 pages copied from your book pertaining to estoppel and privity of contract which included a number of case studies. The judge spent about three minutes scanning the material, set it down and said, "I rule in favor of the defendant."

The price of your book, and a couple of dollars spent making copies saved me over $3000.00 in freight bill, penalties, court costs and attorney fees. It gave me, with no legal training whatsoever, the ammunition to prevail against professionals in a court of law. I would say it was money well spent.

Thank you,
Harold Moore
Adler-Moore Associates Inc.
Tampa, Florida


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