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ARTICLES/NEWSLETTERS
The
Mason and Dixon Case - Let's Get the Message Right (originally
published June 2010) - Does the Mason and Dixon case really mean that all
Customs brokers who issue a Delivery Order (DO) can be found liable as a motor
carrier? Read this article to find out. Ocean
Bills of Lading: Past, Present and Future (originally published
November 2009) - This article discusses the history of ocean bills of lading,
current issues arising under ocean bills of lading, and the changes which will
arise if the Rotterdam Rules are adopted.
"Double
Payment" by Shippers: The Case in Favor of the Carrier’s Right to
Payment (originally published April 2008) - This article
discusses the carrier's right to seek payment from the shipper and
consignee when the broker fails to pay the freight charges owed.
Minimizing
Litigation Expense and Reducing Liability (December 2007) - Describes what
transportation providers can do now to avoid litigation or at least reduce the
expense and risk of litigation in the future..
A
Transportation Lawyer's Guide to the Removal of Cases to Federal Court (December
2007) - Find out when you can remove cases to federal court,
how to do it, and what you can do if the District Court issues an
erroneous order of remand.
Obtaining
an Enforceable Lien (November 2007) - Describes how a transportation
provider can obtain an enforceable lien on a customer's cargo which
covers the amounts owed for prior shipments.
The Sale of Cargo Insurance
by Transportation Providers--Is it Legal? (July 2006) -This article
discusses the need to obtain a shipper's interest license to sell cargo
insurance in California.
Employment
Practices Liability Insurance-Why You Need It (September
1999) - What is Employment Practices Liability
Insurance and why might you need it? Getting
Your Web Site Legal (Revised October 1999) -
Read this article to find out about the legal issues you should consider
in contracting for and maintaining a web site. Satisfying the "Fair Opportunity"
Requirement under a COGSA Bill of Lading (October 2001) - We discuss the judicial requirement that a shipper be
provided a "fair opportunity" to avoid the limit of liability
in order to ensure the validity of the COGSA $500 per package limitation
of liability.

San Jose State Martin Luther King Library
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