Whether it is the purchase of rail cars or equipment, contracting for security services, or engaging outside vendors to operate transloading services, contracts between carriers and vendors are often breached leaving the carrier with substantial monetary losses. We have an established track record of successfully pursuing litigation against such vendors, and where appropriate, applying creative and innovative approaches to overcoming time limitations and other defenses.
Our clients realize that our familiarity with commercial freight transportation operations enhances our ability to be cost effective in such litigation, resulting in a recovery that is not eclipsed by the expense of litigation.
Norfolk Southern Ry. v. Trinity Indus., Inc., 2009 U.S. Dist. LEXIS 27466, No. 3-07-CV-1905-F (N.D. Tex., March 31, 2009). The U.S. District Court held that our client was entitled to pursue breach of warranty claims arising from the sale of rail cars, notwithstanding the expiration of the statute of limitations, based upon principles of estoppel. After ruling in favor of our client, the Court’s Opinion commented that the briefing and oral presentation by counsel were of “the highest order.”