Whether it involves the disruption of a company's supply chains, the loss or damage to manufactured goods or raw materials, or basic business disputes involving common carriers, the interplay between contract terms and your rights and/or obligations under applicable regulations can be complex and often counterintuitive. Hicks Thomas has the experience to help guide you through these often challenging problems.
What is the deal?
Hicks Thomas has experience assisting clients as plaintiffs and defendants in disputes related to the transportation, shipping, and consignment of goods. We know that often the terms of shipping agreements that are enforceable can be something other than what the party anticipated because the parties' rights and obligations may turn on regulations and statutes not clearly set out in (or absent from) the contract. Hicks Thomas' experience has involved rail transportation, marine transportation, and truck transportation.
As a result, Hicks Thomas is familiar with the significant issues that a company may confront, including:
- Who can be held responsible for lost, damaged, or delayed shipments?
- Who can assert claims related to damages arising out of the shipment of goods?
- Are the contract's terms or the potential claims preempted by statute?
- Do unique industry shipping terms affect the parties' obligations or liabilities?
- What is the effect of the inclusion of shipping terms when not used as intended?
- How are the damage claims affected by the terms of the contract or statutes?
- What notice requirements exist that could extinguish a claim before suit is filed?
These and other issues can have a significant impact on the viability of claims and the remedies available. This is primarily because the transportation industry has been and continues to be governed, in part, by local, state, and federal regulations that are often incorporated into shipping agreements or apply whether the parties intended to be governed by the statutes or not.
Hicks Thomas Delivers
Whether it is assisting a company in the review and revision of shipping terms, negotiating the resolution of claims, or trying a case to verdict, Hicks Thomas has the experience and knowledge to assist our clients with their transportation-related disputes efficiently and effectively. Contact Hicks Thomas LLP.
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