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TLA Webinar Series
February 28 @ 1:00 pm - 2:00 pm
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.