The Firm is among the few larger firms that have substantial experience with the complex statutes, regulations, and administrative rules that govern the transportation industry.  The Firm and is an active member of the California Trucking Association (“CTA”), and one of its partners serves as a Board Member for the CTA.  The Firm regularly presents seminars to members of the transportation industry, both privately and through the CTA, on handling claims for lost or damaged freight, personnel practices for the trucking industry, and the impact of environmental laws on the industry.  The Firm’s knowledge of the industry and its customary practices allows it to efficiently and effectively focus its efforts towards achieving its clients’ goals.

The Firm regularly represents trucking companies in federal and state court civil actions, including those involving claims for damaged, lost, or stolen freight; challenges to limitations of liability; employee relations including harassment, discrimination, and the unique hour and wage regulations applicable to the transportation industry; fee disputes between carriers and between carriers and customers; and challenges to warehouseman’s liens.  Some of the recent transportation related cases handled by the Firm include the following:

• Representing a freight forwarder against a shipper who challenged the limitation of liability in an airbill, claiming fraud in the inducement.  We defeated the shipper’s claim for the full value of its lost software on a motion for summary judgment, demonstrating that the limitation of liability was valid and enforceable.  We then defeated the shipper’s challenge to the judgment before the California Court of Appeal. 

• Representing a trucking and warehousing company in a dispute concerning the validity of a lien placed on the customer’s goods in storage.  We were successful in having the lien upheld, and in obtaining full payment for our client.

• Representing a trucking company in a multi-party dispute concerning the apportionment of liability for damage to sophisticated computer equipment.  We demonstrated that the equipment had not been packaged properly for transit and that the shipper had taken responsibility for the packaging.  We negotiated a favorable settlement for our client.

• Representing a trucking company against a shipper who sought an award of lost profits after the delivery of its merchandise to a trade show was delayed.  The delay forced the shipper to close its trade show booth.  After we filed a motion for summary judgment based upon a limitation of liability contained in the bill of lading, the shipper dropped its claim for lost profits, and settled for the limited liability amount.

• Representing a trucking company against a female driver who alleged sexual harassment and discrimination.  We eliminated most of the plaintiff’s claims on summary judgment by demonstrating the company treated all of its drivers equally, and that no additional restrictions were placed upon female drivers.  The remaining claim was settled for a nominal amount.

The Firm is also experienced in representing trucking companies in criminal actions concerning serious vehicle code violations.  We successfully represented a waste hauling business that had been cited for being over-weight on more than 100 occasions.  We were able to use our knowledge of the business to provide a viable explanation for the seemingly intentional conduct, and convince the county prosecutor to dismiss many of the citations and significantly reduce the fines for the remaining citations.  We also successfully defended a national trucking company accused of improperly transporting batteries in violation of regulations pertaining to the transportation of hazardous materials.  We demonstrated to the county prosecutor that our client fell within a narrow exception to the regulations, and that the loading and securing of the batteries met the relevant requirements. 

The Firm also assists trucking companies in obtaining and protecting the necessary licenses and permits to operate in California. The Firm is qualified to advise trucking companies on the proper preparation of driver logs, maintenance records, drug testing records, and statutory vehicle inspections.  The Firm’s attorneys monitor the policies and procedures of the California Highway Patrol in conducting BIT Inspections and have protected companies that have failed such inspections in actions brought by the California Department of Motor Vehicles (“DMV”) and the Department of Transportation.  As an example, the Firm represented a waste hauling business in an administrative case brought by the DMV attempting to revoke the company’s Motor Carrier Permit after it received an “Unsatisfactory” rating by the California Highway Patrol.  Through a companion Superior Court proceeding initiated by the Firm, we obtained a temporary restraining order against the DMV, preventing it from revoking the permit during the proceedings. Through cross-examination of the CHP inspector and expert testimony, we established that the vehicle inspections had not been done properly, that the waste hauler did not present a danger to the public, and that the permit should not be revoked.