This matter is before the Court after a three-day bench trial on a claim brought under the Carmack Amendment to the Interstate Commerce Act. See 49 U.S.C. § 14706. Plaintiff Scotlynn USA Division, Inc. (“Scotlynn”) is a motor freight brokerage company, which contracts with others to transport freight throughout the country. Defendant Titan Trans Corporation (“Titan”) is a motor carrier, which, from at least May 12, 2014 through September 30, 2016, transported freight by truck. The issue is whether Titan is liable to Scotlynn for damage to a cargo of raw beef (the “Cargo”), where the cardboard containers in which the beef was packaged tipped over inside the trailer of Titan’s truck during transportation.

Enterprise Risk Management & Tort Reform As judgments in trucking accident lawsuits continue to rise at an alarming rate, the transportation industry is grappling to find ways to cope with the ramifications of these "Nuclear Verdicts." Smart structuring, good...

In the clips below, J.W. Taylor explains the role a brokerage firm plays in the supply chain and the legal risk on Consulting Logistics. In this episode, Consulting Logistics host, Jill Clifford of Aborn & Co., and JW discuss the importance of shipper education....

Originally published in CCJ on October 19, 2020. Republished with permission. All rights reserved. Runaway jury verdicts, coined as “nuclear” verdicts, continue to impact carriers in a number of ways, including rising insurance costs. Training plays a big part in...