The Best Offense… Is a Good Defense? Using Exceptions to Swallow the Rule: The Nuts and Bolts of Carmack Amendment Defenses

It is an oft-quoted canard that the Carmack Amendment is a “strict liability” statute. However, most ‎practitioners know that there is a finite laundry list of defenses that motor and rail carriers can assert ‎to possibly obviate that ostensible strict liability. These defenses have battle-worn names such as “Act ‎of God,” “Act of Public Enemy,” and “Inherent Vice,” to name a few. Although they are ‎anachronistically monikered, these defenses come into play in almost every Carmack Amendment ‎cargo claim lawsuit. Consequently, it is very important for practitioners and counsel alike to ‎understand the array of defenses available to carriers in these situations, and how and when they can ‎be cognizably implemented. This Blue Ribbon Panel of nationwide freight claim specialists will provide ‎attendees with the detailed knowledge of the defenses available to motor and rail carriers under the ‎Carmack Amendment, including the schematically shifting burden of proof that each party has in these ‎situations.‎

The panel will also explore real life examples of situations in which Carmack claims were either ‎successful or unsuccessful, depending upon the particular defense asserted, which will further serve ‎to illustrate how these defenses are not only used, but viewed by the courts. ‎

Finally, the panel will offer practice tip pointers on how to maximize Carmack defenses, both ‎in litigation and in cargo claims prevention. You won’t want to miss it!‎

This webinar will start at 1PM CST / 2PM EST.

For more information and to register for this webinar, click here.