Paul Stewart Logistics Law

Archive for July 2014

Misleading and Sometimes Fraudulent Collection Practices against Shippers, Brokers, Consignors, and Consignees

As with any industry, there are times when unscrupulous parties will try to take advantage of unfounded claims and vague references to the “law” in order to gain leverage over innocent parties that are not aware of all the facts. Such is the case with a recent […]

Read more

Compelling Coverage in Certain Contingent Cargo Insurance Issues

During the last decade, the insurance industry has responded to the growing third party logistics industry with a variety of insurance products that are marketed to brokers as protection for cargo claims. For those who are not familiar with the “real world” contract obligations and duties assumed […]

Fantasy stock how to invest in trading Read more

Update on Some Aspects of Handling Cargo Claims as a Broker/Intermediary/3PL

Periodically, among my clients I see common issues that are of such significance it seems best to offer observations that may be helpful to many of them.  In the past few months, I have seen several clients involved in the matters addressed below.  My comments here are […]

Read more

EXPECT PREFERENCE CLAIMS FROM RECENT SHIPPER, CARRIER AND BROKER BANKRUPTCIES

Recent announcements of bankruptcy by some shippers, carriers and 3PLs have for several clients raised the issue of preference claims that may yet be asserted by the trustee for such companies.  Depending upon the nature of your relationship with such bankrupt companies, you may receive such a […]

Read more

BROKERS UNDER MUCH MORE SCRUTINY AND POTENTIAL LIABILITY THAN EVER BEFORE, DUE TO MAP-21, AND IN PARTICULAR 49 U.S.C.14916.

  Paul Stewart  BBA, MA, JD Logistics and Transportation Law/Commercial Transactions- Representing National Logistics Companies, Shippers and Carriers; Mergers and Acquisitions; General Corporate Counsel Much is uncertain about the full extent of penalty provisions of MAP-21 for unauthorized brokerage activity. But at a minimum, brokers will be […]

Read more

Secondary Liability for Shippers and Consignees

Inbound Logistics Article7-18-06

Read more

RECENT DECISIONS AND CLIENT EXPERIENCE INDICATE CONFUSION AS TO RESPONSIBILITY FOR CARGO CLAIMS

Paul Stewart  BBA, MA, JD Logistics and Transportation Law/Commercial Transactions- Representing National Logistics Companies, Shippers and Carriers; Mergers and Acquisitions; General Corporate Counsel 1. First, and foremost, if you are a broker of transportation (truck, intermodal, etc) you cannot leave any doubt with your shipper as to […]

Read more

SHIPPERS AND CONSIGNEES CAN LIMIT POTENTIAL LIABILITY FOR DOUBLE PAYMENT OF TRANSPORTATION CHARGES WITH PROPER AGREEMENTS AND PROCEDURES

Paul Stewart, BBA, MA, JD   Logistics and Transportation Law/Commercial Transactions- Representing National Logistics Companies, Shippers and Carriers; Mergers and Acquisitions; General Corporate Counsel  Most shippers are unaware of the potential liability to pay freight charges twice, until faced with a demand by a carrier who was not […]

Read more

Letter by Paul Stewart to Anne Ferro, FMCSA RE: SMS Methodology

Anne S Ferro_GAO Report on SMS 2-19-14 (3)

Read more

Understand Indemnity Clauses Before Agreeing in Contracts

  Paul Stewart  BBA, MA, JD Logistics and Transportation Law/Commercial Transactions- Representing National Logistics Companies, Shippers and Carriers; Mergers and Acquisitions; General Corporate Counsel Are you prepared for their future consequences? How are you handling this issue? 1. Originally, fair indemnity agreements only required that each party […]

Read more