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 …
But Officer, That’s Not My Cow In the improbable world of litigation, the most remarkable situations arise. For example, the case of the wandering cow. In the early hours of the morning, outside of Bakersfield, an unbranded, black heifer wandered onto a rural highway. The 2008 recession hurt small livestock operations. Between the California drought …