The Carmack Amendment and Summary Judgment

A recently decided case from the east coast gives a good example of how summary judgment can be applied in a Carmack Amendment case. In federal court, summary judgement comes from the Federal Rules of Civil Procedure - rule 56. In a nutshell, summary … [Continue reading]

Damages Under the Carmack Amendment

Damages is a legal term of art that refers to the monetary harm a person or company suffers in any given case. Every area of law has its own method, rules, and laws that determine the damages for a particular case, and the Carmack Amendment is no … [Continue reading]

Challenging Federal Regulations

As an industry that makes its money by traveling in, around, and through states, the trucking industry must deal with federal regulations. Federal regulations are a different breed of animal in our system of justice. Regulations are created, … [Continue reading]

A 40 Year Review: From Economic Regulation to Safety Regulation

Last month was my fortieth year anniversary of practicing transportation law. When I began practicing in 1975 the focus of the ICC was on economic regulation that limited the service carriers could provide both geographically and commodity-wise. … [Continue reading]

FMCSA Finishes Data Collection of Study on Hours Regulations

The FMCSA recently announced that they finished the data collection portion of a study meant to figure out the appropriate restart regulations to use in the trucking industry. The study is mandated by federal law after Congress and the White House … [Continue reading]