Representative Transportation Cases
- We represented a motor carrier against a shipper that alleged the motor carrier caused damage to its cheese products by allowing them to remain unrefrigerated on a loading dock. After removing the case to federal court, we obtained summary judgment for the motor carrier by establishing an accord and satisfaction and a contractual limitation of liability. We also recovered the motor carrier's freight charges from the shipper.
- We represented a freight forwarder against a shipper that challenged the limitation of liability in an airbill, claiming fraud in the inducement. We defeated the shipper's claim for the full value of its lost software on a motion for summary judgment, demonstrating that the limitation of liability was valid and enforceable. We then defeated the shipper's challenge to the judgment before the California Court of Appeals.
- We represented a motor carrier specializing in the transport of milk and dairy products in a license revocation matter. The Department of Motor Vehicles sought to have its motor carrier permit revoked as a result of an unsatisfactory inspection conducted by the California Highway Patrol, and a finding of imminent danger. We prevailed in an administrative trial, where we demonstrated that the inspection was not conducted correctly, the finding of imminent danger did not comport with the statutory requirements significantly we aproved that the policy manual used by the California Highway Patrol is an illegal "underground regulation".
- We represented a motor carrier in a multi-party dispute concerning the apportionment of liability for damage to sophisticated computer equipment. We demonstrated that the equipment had not been packaged properly for transit and that the shipper had taken responsibility for the packaging. We negotiated a favorable settlement for our client.
- We represented a motor carrier in a case brought against a shipper for the recovery of response costs that were incurred by the motor carrier when a package containing mercury broke open during unloading at the motor carrier's dock. We established that the shipper had improperly packaged the mercury, and despite the apparent mistake by the motor carrier in unloading the package, we recovered over 90% of the amount billed to the motor carrier by the public agencies which conducted the clean up.
- We represented a motor carrier against a shipper who sought an award of lost profits after the delivery of its merchandise to a trade show was delayed. The delay forced the shipper to close its trade show booth. After we filed a motion for summary judgment based upon a limitation of liability contained in the bill of lading, the shipper dropped its claim for lost profits, and settled for the limited liability amount.
- We represented a broker in a case brought for the recovery of the cost of electronic merchandise stolen in transit. Despite inconsistent documents, we established that our client was in fact a broker, and that the motor carrier was the responsible party. The case settled very favorably to our client.
- We represented a waste hauler in an action brought by the Department of Motor Vehicles to suspend or revoke its motor carrier operating permit based upon an alleged unsafe condition of its vehicles. In a three-day administrative trial, we proved that the California Highway Patrol had failed to conduct proper inspections of the vehicles, and we obtained a ruling that the motor vehicle permit should not be suspended or revoked.
- We represented a motor carrier in a case brought against its customer for the recovery of significant fees incurred in connection with the packing of machinery, and the moving of a solar energy company to a new facility. The customer sought to limit its payment to the initial estimate, even though the job was significantly expanded. We negotiated a favorable settlement, allowing the motor carrier to recover an appropriate payment for the services rendered.
Primary Contact: Hillary Arrow Booth