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Crystal Cove Seafood (“Crystal Cove”) contracted with Orient Overseas (“Orient”) to transport frozen tilapia from China to Smyrna, Tennessee. The tilapia needed to be transported at -0.4 degrees Fahrenheit. The shipping container’s refrigeration unit malfunctioned and Crystal Cove refused to accept delivery. Orient brought suit for damages for wrongful refusal to accept delivery and demurrage fees, and Crystal counterclaimed under the Carriage of Goods by Sea Act (COGSA) for the market value of the entire shipment of tilapia.
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On December 21, 2011 the Office of Management & Budget transmitted its approval of the latest rewrite by the Federal Motor Carrier Safety Administration (FMCSA) of its rules governing the number of hours that a driver of a commercial motor vehicle (CMV) may be on duty and operate a CMV. See More...
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“E-Government” is a buzzword of limited applicability in the real world of roadside truck inspections. The Federal Motor Carrier Safety Administration (FMCSA) has published a notice in the Federal Register that extends the requirement for drivers to maintain a paper copy of their medical certificate on their person. See More...
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Affectionately known as the "The Job Killer Act," California Senate Bill 459 was signed into law by Governor Jerry Brown on October 9, 2011. The new law imposes severe civil penalties on employers who “willfully” – whatever that means -- misclassify individuals (including truck owner-operators) as independent contractors. The law imposes penalties in an amount between $5,000 and $15,000 per violation, in addition to any other applicable penalties. See More...
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In an outbreak of zeal for reducing paperwork, the Federal Motor Carrier Safety Administration (FMCSA) has extended until June 30, 2012, the date for complying with the requirement set forth at 49 CFR § 390.42(b) for drivers and motor carriers to prepare a driver-vehicle inspection report (DVIR) on intermodal equipment when no damage, defects, or deficiencies are discovered by, or reported to, the driver. The agency previously had set a compliance date of June 30, 2011 for preparation of no-defect reports. FMCSA reports that this action is being taken to provide the Agency with sufficient time to address, through a notice-and-comment rulemaking proceeding, a petition to rescind the requirement for no-defect DVIRs.
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