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Complex Litigation
The following articles provide additional information about topics relevant to complex litigation and commercial litigation.
2006 : April
No Love Lost for the Loss of Consortium Claim: An Argument for Its Abolition
2005 : May
New Class Action Settlement Notice Requirements Made to Combat Clientless Litigation
2004 : September
Trial Budgets: A Defense Lawyer’s Dilemma – How Much is Enough?
Answering the complex question “How large should the trial budget be?” is like asking a financial advisor for a uniform investment program suitable for individuals of all circumstances and means. Article appears in the July/August 2004 issue of the Defense News, posted with the permission of the Washington Defense Trial Lawyers.
2004 : July
Defending Managed Earnings Cases by Understanding Revenue Recognition
Defending managed earnings cases in a post-Enron world. Article appears in the July 2004 issue of The Defense Counsel Journal, a publication of the International Association of Defense Counsel. Posted with the permission of the IADC.
2003 : July
A Few Things That Civil Trial Lawyers Need To Know About The Fifth Amendment
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Hot Motor Carrier Law
In his column "Hot Recent Cases in Motor Carrier Law," Steve Block reviews recent case law involving motor carriers, adding to existing commentary of transportation & logistics law.
2010
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2009
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2008
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2007
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2006
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2005
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2004
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2003
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2002
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2001
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2000
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1999
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Legal Lookout
In his monthly column "Legal Lookout", Steve Block shares his insights on legal developments in the transportation industry. Experienced in transportation and logistics law, Mr. Block frequently contributes to multiple transportation law publications.
2009
November - December 2009: CSA 2010: FMCSA revamps its motor carrier safety assessment guidelines
July - October 2009: The Rotterdam Rules: The long voyage of international efforts to modernize ocean shipping liability
June 2009: Maintenance and cure: collectible under penalty of punitive damages (Jones Act notwithstanding)
May 2009: Carmack governs ocean carrier’s liability: U.S. surface carriage liability law hits the high seas.
January-April 2009: By Land or by Sea . . . a Comparison of the Fundamentals of the Carmack and COGSA Liability Regimes.
2008
December 2008: Comparative Fault: How U.S. maritime law carves out liability apportionments.
November 2008: Son of the Sompo Japan Slip-Up: Second Circuit holds COGSA governs ocean carrier and NVOCC liability for inland loss.
October 2008: Offset: Carmack doesn’t preclude shippers from deducting lost cargo value from outstanding freight charges.
September 2008: Exclusively economic damages are not recoverable in maritime tort, but they may be under state law.
May-August 2008: Kirby’s wake?
How the calm waters of ocean transportation intermediary and subcontractor liability suddenly became unpredictable.
April: Can cargo owners who aren’t shippers of record sue carriers for lost/damaged freight?
March: Shippers who load and seal their own containers may have tough burden of proof in ocean cargo claims.
February: Ocean Transportation Intermediaries may not operate through “agents”: the U.S. Federal Maritime Commission outlaws unlicensed OTI deputies
January: 10+2: Customs and Border Protection’s simple math creates complex problems
2007
December: Peril of the Sea: when should carriers be responsible for bad weather?
November: Cleanup costs: the San Pedro Bay Clean Air Action Plan sets off dirty dispute with truckers
October: A Transportation Intermediary Could be Liable for a Carrier's Accident
September: Mexican Trucking Stateside: Unsafe and Bad for Business, or No Problemo?
August: ICCTA's Eighteen-Month Statute of Limitations for Collection of Freight Charges Applies to Claims Against Brokers
July: Antitrust Immunity: With Highways Now Subject To The Sherman Act, Can The Seas Be Far Behind?
June: The Problem With Daisy Chains: The Number of Intermediaries is Directly Proportional to Difficulty in Determining Liability
May: Taking Out Regulated Transportation’s Last Holdout: STB Nixes Motor Carrier Bureaus’ Antitrust Immunity
April: Carmack Doesn’t Save a Shipper’s Claim Against an NVOCC, Notwithstanding Sompo Japan
March: The U.S. Supreme Court Simplifies Dismissal of Misplaced Lawsuits
February: Misleading Monikers of the Middle Man
January: Attorneys' Fees: When Can You Get Them Back?
2006
December: Limitation of Liability: What's a Package?
November: The Evolution of Intermodalism Personified: A Motor Carrier Takes on a Steamship Line at the FMC
October: Carrier Antitrust Immunity Revisited: The Continent Abolishes It; Is Uncle Sam Next?
September: The Current MTO Federal Regulatory Environment
August: Just When You Thought It was Safe to Come Out of the Water: the Second Circuit Weakens Kirby's Effect on Connecting Surface Carrier Liability
July: Maine Statute Affecting Interstate Delivery of Tobacco Products Goes Up in Smoke
June: Higher Pump Prices Don't Fuel Transportation Company Profits, at Least Not Much
May: Railroad Law Uniformity: Federal Dogma Derails Conflicting State Doctrine
April: R.M.S. TITANIC: The Legendary Disaster Continues to Make History
March: Warehouseman Liability: It May Be Limited, but the Details Must Be Clear
February: We Finally Have the Answer! Federal Law Does Not Require Cargo Insurance Coverage for Contract Motor Carriage
January : The Latest in Transportation Security’s Continuing Evolution
Read more in the Legal Lookout Archive »