The use and possession of rail cars and containers after delivery, and the resulting accrual of demurrage and detention charges, has been the subject of conflicting rulings by different U.S. Courts of Appeals and the subject of recent STB rulemaking. Our firm has served as counsel of record for the rail carriers in virtually every recently reported court decision on demurrage issues handed down by U.S. Circuit Courts of Appeals and U.S. District Courts, and we are currently involved with the leading cases addressing demurrage liability.
Our knowledge of the tariffs and experience with this area of the law is extensive and unequalled by any other firm in the country. Accordingly, our record of success and recovery speaks for itself.
CSX Transportation v. Novolog Bucks County, 502 F.3d 247 (3d Cir. 2007), cert. den., 128 S.Ct. 1240 (2008). The U.S. Court of Appeals vacated the judgment entered by the U.S. District Court, and ruled in favor of our client holding that rail carriers can recover demurrage from consignees notwithstanding the absence of a formal contract with the consignee.