General Business Transportation Civil Procedure

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Aviation Flyer - Summer 2014

In This Issue: - Forum Non Conveniens - A Defendant’s Initial Impulse Could Be The Riskiest - Providing Information To Expert Witnesses: A Quick Guide To The Proper Procedures And Potential Pitfalls -...more

The Carriage of Goods at Sea Act Requires that Suit Be Brought Within One Year of “Delivery”

In this case, the plaintiff entered into a contract of carriage wherein the defendant agreed to ship pears to a consignee in Brazil. A later inspection discovered that the pears froze during the voyage, causing the fruits to...more

Enforcing Foreign Judgments in U.S. Admiralty Courts: Second Circuit Prefers Substance Over Form

After protracted and expensive litigation overseas, you obtain a judgment against the defendant. There remains one series of hurdles left to cross: the defendant refuses to pay that judgment and has no assets in the country...more

Delivery Drivers Classified As Employees Despite Signed Agreement Purporting To Establish Independent Contractor Relationship

Recently, the United States Court of Appeals for the Ninth Circuit, applying California law, concluded that delivery drivers who signed agreements stating they were independent contractors and not employees would still be...more

Delivery Drivers are Employees, Not Independent Contractors, Ninth Circuit Rules

Sometimes a title tells you all you need to know. If you listen to the 1969 Pink Floyd track, “Several Species of Small Furry Animals Gathered Together in a Cave and Grooving with a Pict,” you pretty much know what you are...more

Common time limits for trade and shipping claims – a print-out guide

Introduction - A “limitation period” is the period of time within which court or arbitration proceedings must be commenced. Every legal claim will be subject to a limitation period, imposed either by the governing law...more

Singapore High Court once again confirms its support of arbitral proceedings and the principle of Kompetenz-Kompetenz

Introduction - On 19 December 2013 the Singapore High Court handed down an important judgment in The Titan Unity [2013] SGHCR 28. The judgment is significant as it reaffirms the commitment and support of the Singapore...more

The Ambit Of EC Regulation 261/2004: Missed Flight Connections Outside The European Union

DLA Piper has been instructed to act on a number of cases for a non-EU carrier that test the scope of EC Regulation 261/2004 ("Regulation") in respect of missed flight connections outside of the EU. The first of these cases...more

Fourth Circuit Holds that Motor Carrier has No Claim Under Federal Law Against Shipper for Unpaid Freight Charges

In Gaines Motor Lines, Inc. v. Klaussner Furniture Industries, Inc., decided October 30, 2013, the U.S. Court of Appeals for the Fourth Circuit addressed for the first time whether federal courts have jurisdiction over a...more

“The Masters of their Contractual Fate” – how not to get trapped into a contract before you are ready to commit

A recent High Court decision, Proton Energy Group SA v Orlen Lietuva [2013] EWHC 2872, serves as a timely reminder of the care parties must take when negotiating new deals so as not to become bound when they do not yet wish...more

The English Court of Appeal confirms the effectiveness of Certificates of Acceptance in aircraft leasing transactions

The Court of Appeal’s recent decision in Olympic Airlines SA (in special liquidation) v ACG Acquisition XX LLC [2013] EWCA Civ 369 gives welcome comfort to lessors that properly drafted Certificates of Acceptance will provide...more

Is payment of hire a condition: a long-standing controversy resolved

Kuwait Rocks Co v AMN Bulkcarriers Inc (The Astra) [2013] EWHC 865 (Comm) - On 18 April 2013, Flaux J handed down his judgment in Kuwait Rocks Co v AMN Bulkcarriers Inc (The Astra). The judgment provides long-awaited...more

Reed Smith Shipping Group Monthly Bulletin - August 2011

In This Issue: ARBITRATION ... 3 - The Commercial Court considers the exceptional circumstances in which the English court may grant an injunction restraining an arbitration with a foreign seat ... 3 -...more

Shipping Group Monthly Bulletin - July 2011

In This Issue: BIMCO...3 BIMCO publishes Wreckhire 2010...3 CIVIL PROCEDURE...4 High Court grants relief from sanctions where the deadline for service of a witness statement was a bank holiday,...more

RS Shipping Bulletin - February 2011

In This Issue: 1 Carriage Of Goods . . . 3 1 . 1 Court Of Appeal Considers The Meaning And Reasonableness Of The ‘No Set-Off’ And ‘Time Bar’ Clauses In The British International Freight Association Terms . . . 3 2...more

Weekly Law Resume - May 5, 2011: Interstate Transport - Carmack Amendment In Absence Of Declared Value, Carrier Liability for Lost...

Pacific Indemnity Company v. Pickens Kane Moving & Storage Ninth Circuit Court of Appeals (April 20, 2011) The Carmack Amendment, 49 U.S.C. § 14706, regulates the liability of shippers and carriers for household goods...more

RS Shipping Bulletin - April 2011

In This Issues: 1 ARBITRATION . . . 3 1 . 1 COURT OF APPEAL ALLOWS SERVICE OF AN ARBITRATION CLAIM FORM ON THIRD PARTIES OUT OF THE JURISDICTION . . . 3 2 CONTRACT . . . 4 2 . 1 ADMIRALTY COURT RULES...more

RS Shipping Bulletin - January 14, 2011

Covered in this issue 1 ARBITRATION . . .3 1 . 1 COMMERCIAL COURT CONSIDERS THE CIRCUMSTANCES IN WHICH IT MAY GRANT SECURITY WHERE A PARTY IS CHALLENGING THE JURISDICTION OF THE TRIBUNAL . . . 3 1 . 2 HIGH COURT...more

Shipping Newsletter - December 2010, Issue 27

IN THIS ISSUE: 1. Can a Vessel be arrested for a Forward Freight Agreement claim in China? 2. Changes to Port State Controls 3. A Second Bite at the Litigation Cherry: “Collateral Attack” 4. The Maritime Labour...more

RS Shipping Bulletin November 2010

In This Issue 1 ARBITRATION ...3 1.1 COURT OF APPEAL CONFIRMS THAT SECTION 72 ARBITRATION ACT 1996 IS NOT RESTRICTED TO PROCEEDINGS CONCERNING THE TRIBUNAL’S SUBSTANTIVE JURISDICTION ...3 1.2 ONLY THE AWARD AND...more

RS Shipping Bulletin - October 2010

In This Issue: 1 COSTS...2 1.1 COURT CONFIRMS ITS JURISDICTION TO HEAR APPLICATION FOR AN ORDER THAT THERE BE NO ORDER AS TO COSTS FOLLOWING DISCONTINUATION OF ACTION ...2 2 DAMAGES ...4 2.1 HIGH COURT...more

Are you ‘Presented at the loading port in readiness to load’? The Court of Appeal decides...

Our previous client alert on this issue, "Are you presented at the loading port in readiness to load? Clarification of buyer's obligation under FOB contracts" (Alert 09-275) provided an update on a High Court ruling, which...more

Reed Smith Shipping Bulletin - May 2010

In This Issue: 1 ARBITRATION...3 1.1 WHAT AMOUNTS TO TAKING A STEP IN PROCEEDINGS FOR THE PURPOSES OF SECTION (9)3 OF THE ARBITRATION ACT...3 1.2 ICSID TRIBUNAL HAS JUSRISDICTION OVER INVESTMENTS RELATING TO A...more

Turner Bros. Trucking, LLC v. Baker, et al

Interlocutory Order Granting Summary Judgment

Interlocutory Order Granting Summary Judgment in breach of transportation brokerage contract, suit for fraud, breach of common law duty to pay for delivered freight by de facto consignor and de facto consignee, and other...more

Turner Bros. Trucking, LLC v. Baker, et al

Plaintiff's Motion For Summary Judgment

Motion For Summary Judgment that addresses breach of transportation contract, breach of transportation broker's fiduciary duties, fraud, violations of Texas Theft Liability Act, Texas Deceptive Trade Practices Act, common law...more

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