Since our last edition of the Transportation Advisor, a number of important cargo damage decisions have been decided. What follows is a brief synopsis of a few important opinions from courts around the country.
A federal court in Massachusetts ruled in a post-ICCTA case that Con-Way could not reply upon the nine month claim filing deadline in the Uniform Straight Bill of Lading or the National Motor Freight Classification, despite the fact that the claim was actually filed some 13 months after delivery. In Norpin Manufacturing Co., Inc. v. CTS Con-Way Transportation Services, Inc., the court sent out a message to motor carriers involved in post-ICCTA cargo damage litigation: make sure that the provisions of your bill of lading are in fact incorporated into the bill of lading contract. This case involved $22,000.00 in damages for the total loss of a small airplane engine. The court rejected Con-Way’s argument that the pro sticker attached to a air waybill issued by an air freight
