The TLA Freight Claims Committee will be joined by Wes Chused, Clark Monroe, and Cameron Roberts to discuss the interplay of the Carmack Amendment and claims for attorneys’ fees. The statute does not have a fee provision. But the statute may be modified by contract. Intermediaries and brokers frequently bring claims for fees in cargo claims based upon their contracts. Our discussion will include the viewpoint of shippers, brokers, and motor carriers, and we will weigh the impact that these types of claims have on the settlement and litigation of cargo claims. We will discuss the key cases of the Eleventh Circuit’s decision in UPS Supply Chain Solutions, Inc. v. Megatrux Transportation, Inc., the Southern District of Ohio’s decision in Exel, Inc. v. Southern Refrigerated Transport, Inc., and the case law that has developed from there. Several district courts differ in their views. What are the successful theories? How are carriers defending?
Moderator: Kristen M.J. Johnson, Partner, Taylor & Associates, Attorneys at Law, P.L., Clearwater, FL
Presenter(s): Wesley Chused, Director, Preti, Flaherty, Beliveau & Pachios, Chartered, LLP, Boston, MA
G. Clark Monroe II, Member, DunbarMonroe, P.A., Jackson, MS
Cameron Roberts, Partner, Roberts & Kehagiaras, LLP, Long Beach, CA