by Miles L. Kavaller, Esq.* and Wayne Schooling
The use of independent contractor truckers has been a long standing practice in the
trucking business. Understanding the difference between an employee and an independent contractor is therefore of critical importance. Mistaken or intentional misclassification can have
catastrophic consequences.
Miles L. Kavaller
Insurance plays a significant role in transportation activities. Motor carriers are required by law to maintain automobile liability and cargo insurance to cover their transportation operations. Many shippers also have cargo coverage
Miles L. Kavaller
With the abolition of the Interstate Commerce Commission and elimination of field offices, there is no longer a governmental agency which will assist shippers and carriers in informally resolving various disputes.
Miles L. Kavaller
Your company's most valued asset is its customer list. Like your bank account number, you want it to remain confidential. Unlike your bank account number, however, many employees have access to the company's customer list and use it on a daily basis.
Miles L. Kavaller
Under California law a covenant of good faith and fair dealing is implied in every contract. This means that neither party to a contract may injure the other party’s right to enjoy the contract’s benefits. The violation of this covenant exposes the guilty party to liability for the payment of actual damages as well
Miles L. Kavaller
Both the Federal Bills of Lading Act (49 U.S.C. Sections 80101, et seq., and particularly sec. 80113) and the California Commercial Code (Sec. 7301 ) contain shipper's load and count ("SLC") provisions which state that where the shipper loads the cargo, a carrier is NOT responsible for "...damages
Miles L. Kavaller
During last night's dinner Bob Lawson, the CBTC Board Chairman related a recent discussion he had with a business associate to the effect that it was unlawful for a shipper to offset unpaid cargo claims against unpaid motor carrier freight charges.
Miles L. Kavaller
The title of this article reminds me of the story about the mosquito-how is the difference between a male and female mosquito determined?
Miles L. Kavaller
I have written previously about this subject in this publication. [2] It remains an important aspect of current transportation law and no doubt, with the case reviewed in this article, will continue to garner attention.
Miles L. Kavaller
When a shipment is “FOB origin”, that is tendered by the consignor to the carrier at the point of origin with freight charges prepaid, the rule under the Uniform Commercial Code is that the risk of loss passes to the consignee.
Miles L. Kavaller
Transportation Law Night on January 17 featured attorneys Mary Kay Reynolds and I. We addressed a wide range of issues from carrier liens on cargo (under federal law {Bills of Lading Act] carriers cannot hold freight for past due freight charges but may do so for intrastate shipments
Miles L. Kavaller
I have been frequently asked by motor carrier clients how they can "place a lien" on a shipper's freight in order to collect freight charges. This often-asked question demonstrates a basic misunderstanding of the subject. The term "lien" is a claim or charge on property for payment of a debt.
Miles L Kavaller
On Tuesday, April 16, 1996 in the Los Angeles Times Business Section the headline announced: “Diesel Joins Gasoline in an Upward Price March in Southland.” The article noted recent increases in diesel fuel prices at the pump in Southern California
Miles L. Kavaller
The bill of lading is the document used by carriers and shippers for transportation of freight. It serves as a contract as well as a receipt for the goods containing the description, quantity and condition of the property to be transported. It is an important document with significant legal consequences.
Miles L. Kavaller
Recently I represented a client which had arranged for the transportation of a series of shipments to and from Alaska. It contacted a company which obtained the carriers for, and coordinated these shipments.