Transportation News NW (No.1)

Transportation News NW

Anderson and Yamada, P.C.

August 3, 2010 (No. 1)

WELCOME to the rebirth of our newsletter! This is the first issue of our electronic newsletter, which will focus primarily on transportation issues facing carriers, brokers, shippers and others involved in transportation in the Pacific Northwest.

We intend to focus on those matters you presently face in your operation. We will maintain this focus by responding to situations, questions and concerns raised by you in emails you send to us. To that end, we invite you to email us your questions, concerns and comments, which we will then review, analyze and respond to in our newsletter. We will restate your questions anonymously so that your individual and business identities remain confidential. Our responses necessarily will be broad and general, but will give you a framework in which you can analyze your situation. Our newsletter will not, and is not intended to, create an attorney-client relationship or give you fact specific advice.

Our plan is to issue our newsletter once or twice each month. However, it will be issued as frequently as needed in order to respond to your inquiries in a timely manner.

We request your questions, not only about transportation, but also about other legal matters with which we may be able to provide information and guidance.

To submit a question, concern or comment, simply reply to this email.

Sincerely,

John A. Anderson
Anderson and Yamada, P.C.

Cargo Liability: Carmack vs. COGSA

The Supreme Court recently held that carriers (motor and rail) are entitled to the protections afforded by the Carriage of Goods by the Sea Act ("COGSA") even if they provide only domestic service, that is, what generally is referred to as the "inland portion" of an international move. This means that the carrier's liability generally is limited to $500 "per package," which amount is frequently much less than under Carmack. To be entitled to the benefits of COGSA, the following conditions must exist:

The shipment must be subject to COGSA, that is, it must be transported by an ocean carrier engaged in foreign trade;
The ocean carrier must issue a through bill of lading, that is, one that covers the shipment from its point of origin in the foreign country to its ultimate destination in the United States;
The ocean carrier's through bill of lading must allow it to subcontract portions of the transportation provided (e.g., the inland portion); and
The ocean carrier's through bill of lading must contain a "Himalaya Clause" which extends the bill of lading's defenses and liability limitations to subcontractors.

It is important for all parties to an international shipment to know which law governs liability. Shippers need to be aware of COGSA's limits and the likelihood that those limits will apply to inland motor and rail carriers which, in turn, can impact the liability imposed on third party intermediaries and freight forwarders. Similarly, carriers need to know that Carmack does not always apply to their shipments and that other, more favorable, laws may apply.

Please contact John or Kevin if you have questions about or wish to discuss this recent decision.

About Anderson and Yamada, P.C.

John Anderson and Terry Yamada started Anderson and Yamada, P.C. in 1982. John has been practicing transportation law in Portland for many years. It will be 35 years on September 19, but who is counting? Terry Yamada, who also will have his 35th anniversary as an attorney next month, focuses his practice on business transactions, real estate, estate and succession planning, and probate.

Within the past year, the firm has added two attorneys, Kevin Anderson (John's son) and Andy Schlegel, friends who attended high school together, went their separate ways for college and law school, and are now back in Portland. Both Kevin and Andy are married and new fathers - Kevin's twins (a boy and a girl) were born the day after Christmas, and Andy's daughter was born in January. Professionally, Kevin will focus primarily on transportation and litigation, and Andy will focus primarily on business issues, transactions, estate planning, and probate. As has always been the case, there will be substantial overlap in our practices.

We anticipate the firm continuing for many years into the future.

We Moved!

After 28 years in the 1515 Market Square Building, on August 1 Anderson and Yamada, P.C. moved to the the Peterkort Centre. The Peterkort Centre is conveniently located at the confluence of Highway 217 and Highway 26, next to St. Vincent Hospital. Abundant free parking is available.

Our new address is:

Anderson and Yamada, P.C.
9755 SW Barnes Road, Suite 675
Portland, OR 97225

Our phone and fax numbers, as well as our email addresses, remain the same:

P: (503) 227-4586
F: (503) 227-7044