Back to the Basics: A Primer on Cargo Law Presented by: Dirk Beckwith, Foster Swift Collins & Smith PC
This session will provide those who are new to handling cargo claims with a foundational examination of basic cargo law, including a discussion of Carmack and the applicable claim-filing regulations in the CFR, and it will address the differences in the various types of cargo claims, including household goods claims, refrigerated and food-related claims, and more typical claims.
9:30 am - 10:20 am
Overview of the Different Cargo Law Regimes (Motor, Rail, Ocean, Air) Presented by: Daniel Sonneborn, Preti Flaherty Beliveau & Pachios, LLP
Often, issues arise when cargo claims arise out of multimodal transportation as to what liability rules will apply. This presentation will discuss the various rules and statutes applicable and how such determinations are made. This session will also address contractual ways to protect yourself when dealing with a multimodal transportation situation.
10:20 am - 10:40 am
Break
10:40 am - 11:30 am
Dealing with Offset Issues when Settling/Managing Cargo Claims Presented by: James Wescoe, Weber Gallagher Simpson Stapleton Fires & Newby, LLP
This presentation will deal with the frequent and annoying issue of offsets, when shippers withhold otherwise due and owing freight charges to motor carriers in an effort to “offset,” or cover, the costs of a cargo claim. We will discuss the legality of offsets, the contractual language supporting them, and strategies for dealing with them when they arise.
11:30 am - 12:20 pm
Beyond the Freight: Claims Outside of Cargo Damage Presented by: Katie Tenzinger, Weber Gallagher Simpson Stapleton Fires & Newby, LLP
A claim for cargo damage is only one of several types of claims that you may face when dealing with a cargo loss. This presentation will address non-cargo damage claims that can arise in trucking litigation, including the framework for such claims, available defenses, and best practices.
12:20 pm - 1:30 pm
Lunch
1:30 pm - 2:20 pm
Top Ten Issues in Cargo Claim Handling Presented by: Fred Marcinak, III, Moseley Marcinak Law Group
Whether you’re handling your 1st or your 1000th cargo claim, tricky legal and factual issues can arise. We will discuss how to evaluate a cargo claim from the time it hits your desk through resolution, while spotting potential minefields that have to be navigated. From the Carmack Amendment to limitations of liability to concealed damage to salvage, we’ll cover a variety of topics that come up every day in the cargo claims world.
2:20 pm - 3:10 pm
Update on Broker Liability Claims Presented by: Marc Blubaugh, Benesch Freidlander Coplan & Aronoff, LLP
This presentation will focus on the significant rulings that have been issued in the last year that concern broker liability in cargo claims and third-party bodily injury claims and present strategies for defending those claims by reviewing recent decisions on the issue.
3:10 pm
Closing Remarks and Q&A with Presenters
4:15 pm - 5:15 pm
Networking Reception with All Cargo & Skills Course Attendees
Dinner on Your Own
Wednesday, April 10, 2024: Skills Course Seminar
7:30 am - 8:00 am
Registration and Breakfast Location: Peabody Rooftop & Skyway
8:00 am - 8:15 am
Skills Course Welcome & Opening Remarks Kelly Milam, Gordon Rees Scully Mansukhani, LLP
8:15 am - 9:00 am
Fact Pattern & Introduction to Trucks and Trucking Presented by: Jim Hrycay and Matt Arbour, HRYCAY Consulting Engineers
9:00 am - 9:45 am
Rapid Response - Who? What? Where? When? Presented by: Libby Block, Roehl Transportation; Sherri Edgecombe, TFI International; and Kelly Milam, Gordon Rees Scully Mansukhani, LLP
9:45 am - 10:00 am
Break
10:00 am - 11:00 am
Preservation Letters and Adjuster's Perspective on Retention Presented by: Sophia Bernard, Taylor Nelson PL; Libby Block, Roehl Transport; Sherri Edgecombe, TFI International; and Christina Kooiman, TFI International
11:00 am - 12:15 pm
Lunch
12:15 pm - 1:30 pm
Truck Inspection and Reconstruction Presented by: Jim Hrycay and Matt Arbour, HRYCAY Consulting Engineers
1:30 pm - 2:30 pm
DOT/FMCSA Regulation & Compliance – What is NOT a Regulation? Presented by: Libby Block, Roehl Transport and Rob Boroff, Gallagher Sharp, LLP
2:30 pm - 2:45 pm
Break
2:45 pm - 3:30 pm
Hours of Service Implications and Pitfalls Presented by: Jim Hrycay, HRYCAY Consulting Engineers Inc. and Charles Albrecht, Kopka Pinkus Dolin PC
3:30 pm - 4:30 pm
Good Adjusting Coupled with Good Reporting – Roadmap to Success Presented by: Sophia Bernard, Taylor Nelson PL; Libby Block, Roehl Transport; and Kelly Milam, Gordon Rees Scully Mansukhani LLP
Dinner on Your Own
Thursday, April 11, 2024: Skills Course Seminar
7:30 am - 8:00 am
Breakfast Location: Peabody Rooftop & Skyway
8:00 am - 9:00 am
Expert Selection and Retention – Cross Examination of Reconstructionist Presented by: Charles Albrecht, Kopka Pinkus Dolin PC and Kelly Milam, Gordon Rees Scully Mansukhani LLP
9:00 am - 10:00 am
Negotiation Strategies and Trial Techniques Presented by: Rob Boroff, Gallagher Sharp, LLP and Christina Kooiman, TFI International
10:00 am - 10:15 am
Break
10:15 am - 11:15 am
Party Relationship Caveats – Conflicts, Agency and Brokerage Presented by: Kelly Milam, Gordon Rees Scully Mansukhani LLP and Sophia Bernard, Taylor Nelson PL
11:15 am - 12:30 pm
Lunch
12:30 pm - 2:00 pm
Rule 30(b)(6) Presentation Presented by: Rob Boroff, Gallagher Sharp, LLP