Going Once, Twice, Sold: How Warehousemen Can Properly Sell Goods on a Lien to Settle Debts By Gregg Garfinkel, Esq. A warehouseman has a lien on goods left in his care as security for payment for all services performed, including storage charges, processing fees, transportation, and auction fees. The lien protects the warehouseman in the …
When a Picasso is Only Worth $60 — The Nuts and Bolts of Cargo Loss Claims A new 3-Hour CE Course Presented by Kristi Dean, Esq. & Gregg Garfinkel, Esq. The works of Pablo Picasso are most often valued in millions of dollars, with his most expensive work being sold for $180 Million. But what happens …
Unforeseeable Misfortune Owners of underground parking facilities where criminal attacks take place may not be liable absent evidence of prior similar Incidents. By Gregory Stone, Esq. & Gregg Garfinkel, Esq. Overturning a lower court decision, the California Supreme Court recently refused to impose liability on premises’ owners, based on the nature of the property where the …
A Day Late, A $100,000.00 Short By Gregg Garfinkel, Esq. The Carmack Amendment to the Interstate Commerce Act (49 U.S.C. 14706) authorizes interstate motor carriers to provide “reasonable” claims filing limitations on a shipper’s ability to obtain compensation for a property loss. Shippers of goods in interstate commerce (and their insurers) are well‑advised to familiarize …
Carmack The Magnificent: Understanding the Application and Preemptive Ambit of the Carmack Amendment to the Interstate Commerce Act By: Gregg Garfinkel, Esq. For more than a century, the Carmack Amendment to the Interstate Commerce Act (49 USC 14706) (“Carmack”) has governed the liability of motor carriers operating in interstate commerce. While the Congressional purpose in …
Cut Your Losses Alarming News Regarding Enforceability of Liquidated Damage Provisions in Commercial Agreements By Gregg Garfinkel, Esq. Numerous businesses (construction, alarm service providers, and banks) depend upon liquidated damage provisions to provide a predictable and effective method for limiting their exposure in the event of a breach of contract. In California, the standards for judging the …
Stuck in the Middle with Who? By: Gregg Garfinkel, Esq. Common carriers of household goods sometimes find themselves caught in the middle of disputes regarding the ownership of personal property being transported in interstate commerce. This article explores the statutory protections afforded to, and proper procedure to be followed by, common carriers when faced with …