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Introducing Miles L Kavaller

We are pleased to welcome Miles Kavaller to NorthAmerican Transportation Association as a regular contributor and are certain our members will benefit from his experience and expertise in column.

 

Miles L. Kavaller was admitted to the New york Bar in 1972 and the California State Bar in 1977. He was employed by the Bureau of Enforcement of the Interstate Commerce Commission as a trial attorney and Assistant Regional Counsel from 1972 to 1977 in Washington, D.C., Chicago, IL and Los Angeles, CA. In 1977 he went into private practice and in 1985 became a sole practitioner. Specializing in transportation law and litigation, Kavaller regularly practices in the Federal and State trial and appellate courts litigating virtually any matter which arises in the transportation business. He routinely handles cargo claims and freight charge collections. He also has litigated trade secret protection, insurance and bad faith claims, employment law and various commercial disputes. In addition to litigation, Kavaller frequently counsels shippers, trucking firms and intermediaries (brokers, forwarders, 3 and 4 PLs) regarding Federal Motor Carrier Safety Administration and California Highway Patrol requirements, carrier and warehouse liens under the UCC and federal law, liability for payment of freight charges and cargo claims. 


The following articles are just a small sampling of what you can expect when you become an NTA Member.

INDEPENDENT CONTRACTORS AND EMPLOYEES: DO YOU KNOW THE DIFFERENCE?
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.

CARGO INSURANCE DOES NOT ALWAYS PAY FOR ATTORNEYS FEES
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

ALTERNATIVE DISPUTE RESOLUTION - THERE IS A BETTER WAY THAN GOING TO COURT
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.

CUSTOMER CONFIDENTIALLY
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.

MAY SHIPPERS RECOVER ATTORNEY’S FEES AND PUNITIVE DAMAGESWHERE THE CARRIER UNREASONABLY DENIES A CARGO CLAIM?
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

SHIPPER'S LOAD AND COUNT-WHAT DOES IT MEAN?
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

OFFSETTING UNPAID CARGO CLAIMS AGAINST UNPAID CARRIER FREIGHT CHARGES
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.

BROKER OR COMMON CARRIER? HOW TO TELL THE DIFFERENCE
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?

Broker or Carrier: Can You Make the Call?
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.

"DO BOTH THE CONSIGNOR AND CONSIGNEE HAVE THE RIGHT TO MAKE A CLAIM?"
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.

IF THE CARGO MOVES IN INTERSTATE COMMERCE FEDERAL LAW NOT STATE LAW CONTROLS
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

CARRIERS LIENS
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.

FUEL SURCHARGES - CAN CARRIERS PASS ON FUEL SURCHARGES TO SHIPPER?
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

BILLS OF LADING - WHAT SHIPPERS AND CARRIERS SHOULD KNOW
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.

Who Is Responsible For Cargo Claims?
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.

Archive

Miles L. Kavaller, A Professional Law Corporation

5850 Canoga Ave, Ste 250
Woodland Hills, CA 91367

Phone: 818-992-4243
Email mileskavaller@att.net

 


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