Previous Articles by William AugelloA Victory for Importers: Carmack Amendment Applies to Import Shipments
7/24/2006 - by William Augello The 2nd U.S. Circuit Court of Appeals, in a case of first impression, has shocked the railroad and motor carrier industry by deciding that the Carmack Amendment applies on the inland portion of an import shipment on a through bill of lading, to the exclusion of The Carriage of Goods by Sea Act’s (COGSA) limitation. This 40-page decision should be required reading for the transportation community as it tracks the “Statutory Landscape” of COGSA, the Carmack Amendment and the Staggers Rail Act of 1980.
Negotiating Ocean Marine Contracts
2/13/2006 - by William Augello Negotiating ocean marine contracts requires a great deal of expertise and differs greatly from negotiating with other modes of carriage. However, there are a few issues and techniques that should be addressed during negotiations as these issues often result in disputes with carriers and substantial losses to cargo owners.
Ocean Carriers Can Evade Liability by Proving Their Own Negligence
12/5/2005 - by William Augello An ocean carrier is not liable for loss or damage to cargo if it can prove that the loss was caused by its negligent navigation or mismanagement of the ship!
When Does Carrier Liability Begin and End? — Part 2
10/24/2005 - by William Augello Disputes often occur in the distribution cycle over which party must bear the loss of a shipment due to a contention that the carrier had not yet taken control of the shipment or had made a “delivery” according to the bill of lading. In my last article, I discussed when carrier liability begins. This month, I’ll cover the remaining issue: when it ends.
When Does Carrier Liability Begin and End? — Part 1
9/6/2005 - by William Augello Disputes often occur in the distribution cycle over which party must bear the loss of a shipment due to a contention that the carrier had not yet taken control of the shipment or had made a “delivery” according to the bill of lading.
Unreasonable Limitations of Liability on Cargo
6/13/2005 - by William Augello There are many unconscionable practices taking place in the cargo liability field, but the one that takes the cake is the limitation found in cartage and drayage companies’ bills of ladings that limits liability to $50 per shipment.
Beware of Foreign Liability Laws
5/2/2005 - by William Augello In view of the fact that the United States is the largest trading nation in the world, it is easy to be complacent about the law and make cargo liability decisions based upon U.S. law or what we believe the outcome should be based on U.S. law. Occasionally, however, one may discover that a cargo movement is governed by a local law that differs substantially from U.S. law.
Security Begins at Home!
3/14/2005 - by William Augello Much has been written and spoken about security in transportation since 9/11, and Congress and the Administration have acted quickly and responsibly in response to terrorists’ threats and actions. However, it is time to pull back from the legislative response to this crisis and take a closer look at the flaws in our transportation and distribution network that could result in serious damage by terrorists. At the same time, we may see an improvement in safe delivery of the nation’s goods.
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