Category: Transportation Law

Proposed FDA Rule for Sanitary Transportation

What does the new (FDA) Proposed Rule on Sanitary Transportation of Human and Animal Food say about the Transportation of “Shelf-Stable Food”? The Proposed Rule would define “shelf-stable food” to mean a food that can be stored under ambient temperature and humidity conditions and, if the package integrity is maintained will not spoil or become [..]

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Non Disclosure Agreements and Transportation Contracting

Non Disclosure Agreements have become much more commonplace between Shippers, Carriers, Freight Brokers, and Freight Forwarders.  So what is their purpose and how closely should they be reviewed?   Well they can certainly be an important document for LTL companies to the extent they consider their pricing or on-line tools proprietary.  However, what about Truckload [..]

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The Statement of Work in Transportation Contracts

The Statement of Work can be a very confusing document for transportation attorneys.  It can also really take the wind out of the sails of everyone who has worked really hard to finalize a contract negotiation.   It usually goes something like this: A transportation contract will get completely negotiated between the parties, and then [..]

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Subrogation Issues in Transportation Contracts

Insurance issues in Transportation Contracts are often overlooked by those who don’t understand their significance. Trucking companies and logistics companies want to obtain business from shippers, but the more savvy trucking companies will attempt to negotiate the insurance provisions carefully. This article will address typical subrogation clauses and the issues that need to be carefully [..]

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Freight Brokers and Contracts

Freight Brokers have a love hate relationship with transportation contracts. They love them when they are using their own form contract to set the terms that their contracted carriers must follow, but they hate them when a shipper imposes liability upon them through the use of a shipper drafted contract. In a perfect broker’s world, [..]

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Traps For The Unwary Freight Broker

A freight broker who does not hold itself out as the actual transporter of goods is not liable for cargo loss of damage except in very limited circumstances since the strict liability imposed on carriers by the Carmack Amendment for freight damages, losses or delays simply does not apply to freight brokers. Rather, freight brokers [..]

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Indemnity in Transportation Contracts

There are many issues in modern transportation agreements, but “Indemnity”, is normally the most contentious issue in to negotiate.  The indemnity clause is typically the part of the contract where most of the liability shifting occurs.  Indemnity clauses are very complicated and the unwary can assume huge liability from seemingly harmless provisions.  This article will [..]

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Intermodal Contracts – a primer

This article is about domestic intermodal transportation accomplished by trailers on a flat car or the transportation of intermodal containers. Intermodal transportation has really blossomed since the Staggers Act began deregulating this type of transportation in the 1980′s. Intermodal transportation is now a very important method for the movement of goods by Shippers and Carriers. [..]

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