Recovery of Freight and Tariff Charges
Necessary for the survival of any carrier or logistics company is the need to be compensated for transportation services. Because claims arising under interstate transportation contracts can be subject to multiple tariffs, special venue requirements, unusual time limitation statutes, and other related issues, the litigation of such claims is best undertaken by counsel experienced with both the law and the industry. Knowing how and when tariffs apply, especially within the context of rail transportation, can literally mean millions of dollars for the client. This is a proven advantage that we continuously provide to our clients.
Norfolk Southern Railway Company v. Basell USA, Inc., 512 F.3d 86 (3d Cir. 2008). In vacating the limited recovery afforded by the judgment of the district court, the U.S. Court of Appeals held that our client had introduced evidence probative of a material breach of a transportation contract with discounted rates. Upon remand, the district court ruled that the contract had been voided by the material breach of the defendant, thereby allowing our client to re-rate the freight moves and collect $2,586,031 in tariff charges.