Carriers, shippers, consignees, and third parties are by necessity constantly negotiating and entering into transportation contracts. The risks and liabilities arising from such contracts typically never surface until the parties are in litigation.
Taking freight transportation contracts into court and effectively arguing a client’s position requires an in depth working knowledge of the transportation industry, a keen appreciation for how the law has evolved, and substantial experience with litigating such issues. Neither the size of the law firm nor the general litigation experiences of the attorney involved provide any assurance of success in transportation contract cases. Much of the law is counter intuitive and difficult to apply without knowledge of its historical background. Attorneys unfamiliar with the law have a steep and expensive learning curve.
Representing clients in transportation contract disputes is not something that we do on occasion at KCM, it’s what we’ve done for years, and it’s what we do every single day.
CSX Transportation v. Meserole Street Recycling Corp., et al., 618 F.Supp.2d 753 (W.D. Mich. 2009). The U.S. District Court entered a lengthy Opinion awarding summary judgment in favor of our client and against the defendants on multiple breach of contract counts. The court determined that the defendants were liable for $2 million in damages for breaching several provisions of a rail transportation contract.