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Complex Litigation
The following articles provide additional information about topics relevant to complex litigation and commercial litigation.
2006 : April
No Love Lost for the Loss of Consortium Claim: An Argument for Its Abolition
2005 : May
New Class Action Settlement Notice Requirements Made to Combat Clientless Litigation
2004 : September
Trial Budgets: A Defense Lawyer’s Dilemma – How Much is Enough?
Answering the complex question “How large should the trial budget be?” is like asking a financial advisor for a uniform investment program suitable for individuals of all circumstances and means. Article appears in the July/August 2004 issue of the Defense News, posted with the permission of the Washington Defense Trial Lawyers.
2004 : July
Defending Managed Earnings Cases by Understanding Revenue Recognition
Defending managed earnings cases in a post-Enron world. Article appears in the July 2004 issue of The Defense Counsel Journal, a publication of the International Association of Defense Counsel. Posted with the permission of the IADC.
2003 : July
A Few Things That Civil Trial Lawyers Need To Know About The Fifth Amendment
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Hot Motor Carrier Law
In our column "Hot Recent Cases in Motor Carrier Law," we review recent case law involving motor carriers, adding to existing commentary of transportation & logistics law.
2010
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2009
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2008
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2007
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2006
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2005
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2004
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2003
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2002
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2001
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2000
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1999
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Legal Lookout
In our column "Legal Lookout", we share our insights on legal developments in the transportation industry.
2009
November - December 2009: CSA 2010: FMCSA revamps its motor carrier safety assessment guidelines
July - October 2009: The Rotterdam Rules: The long voyage of international efforts to modernize ocean shipping liability
June 2009: Maintenance and cure: collectible under penalty of punitive damages (Jones Act notwithstanding)
May 2009: Carmack governs ocean carrier’s liability: U.S. surface carriage liability law hits the high seas.
January-April 2009: By Land or by Sea . . . a Comparison of the Fundamentals of the Carmack and COGSA Liability Regimes.
2008
December 2008: Comparative Fault: How U.S. maritime law carves out liability apportionments.
November 2008: Son of the Sompo Japan Slip-Up: Second Circuit holds COGSA governs ocean carrier and NVOCC liability for inland loss.
October 2008: Offset: Carmack doesn’t preclude shippers from deducting lost cargo value from outstanding freight charges.
September 2008: Exclusively economic damages are not recoverable in maritime tort, but they may be under state law.
May-August 2008: Kirby’s wake?
How the calm waters of ocean transportation intermediary and subcontractor liability suddenly became unpredictable.
April: Can cargo owners who aren’t shippers of record sue carriers for lost/damaged freight?
March: Shippers who load and seal their own containers may have tough burden of proof in ocean cargo claims.
February: Ocean Transportation Intermediaries may not operate through “agents”: the U.S. Federal Maritime Commission outlaws unlicensed OTI deputies
January: 10+2: Customs and Border Protection’s simple math creates complex problems
2007
December: Peril of the Sea: when should carriers be responsible for bad weather?
November: Cleanup costs: the San Pedro Bay Clean Air Action Plan sets off dirty dispute with truckers
October: A Transportation Intermediary Could be Liable for a Carrier's Accident
September: Mexican Trucking Stateside: Unsafe and Bad for Business, or No Problemo?
August: ICCTA's Eighteen-Month Statute of Limitations for Collection of Freight Charges Applies to Claims Against Brokers
July: Antitrust Immunity: With Highways Now Subject To The Sherman Act, Can The Seas Be Far Behind?
June: The Problem With Daisy Chains: The Number of Intermediaries is Directly Proportional to Difficulty in Determining Liability
May: Taking Out Regulated Transportation’s Last Holdout: STB Nixes Motor Carrier Bureaus’ Antitrust Immunity
April: Carmack Doesn’t Save a Shipper’s Claim Against an NVOCC, Notwithstanding Sompo Japan
March: The U.S. Supreme Court Simplifies Dismissal of Misplaced Lawsuits
February: Misleading Monikers of the Middle Man
January: Attorneys' Fees: When Can You Get Them Back?
2006
December: Limitation of Liability: What's a Package?
November: The Evolution of Intermodalism Personified: A Motor Carrier Takes on a Steamship Line at the FMC
October: Carrier Antitrust Immunity Revisited: The Continent Abolishes It; Is Uncle Sam Next?
September: The Current MTO Federal Regulatory Environment
August: Just When You Thought It was Safe to Come Out of the Water: the Second Circuit Weakens Kirby's Effect on Connecting Surface Carrier Liability
July: Maine Statute Affecting Interstate Delivery of Tobacco Products Goes Up in Smoke
June: Higher Pump Prices Don't Fuel Transportation Company Profits, at Least Not Much
May: Railroad Law Uniformity: Federal Dogma Derails Conflicting State Doctrine
April: R.M.S. TITANIC: The Legendary Disaster Continues to Make History
March: Warehouseman Liability: It May Be Limited, but the Details Must Be Clear
February: We Finally Have the Answer! Federal Law Does Not Require Cargo Insurance Coverage for Contract Motor Carriage
January : The Latest in Transportation Security’s Continuing Evolution
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