INDEX TO SUPPLEMENT NO. 2

Transcription

1 TOPIC INDEX TO SUPPLEMENT NO. 2 PAGE NO. HEREIN A Act of God Act or Omission of the Shipper Agency , 19, 21, 22, 28, 31, 33, 34, 35, 38, 40 ADA Amount in Controversy Aggregation of Claims Substantial Compliance Articles of Unusual Value , 26, 27 B Bills of Lading , 5-12, 14-15, 22, 28-29, Damage Before Issued , 4 Issued After Transport , 4 Lawfully Filed Tariffs , 9 No Bill of Lading Issued , 11, Ocean Bill of Lading Extension to Inland Carriers , 37, 38 Pro Stickers , 10 Railroad Liable Before Bill of Lading Issued The Blank Space , 8, 10, 11 Through Bill of Lading , 37, 38 Brokers , 14, 17, 18, 21, 29, Defined , 40 Liability for Negligent Hiring Burdens of Proof , 12, 24, 25, 28, 30, 32, 33, 41, 48 Carrier s Freedom from Negligence Goods in Sealed Containers Personal Knowledge Records Kept in the Ordinary Course of Business Summary Judgment C Cabotage , 33, 48 California Consumer Protection California Intermodal Revisions Carmack Amendment , 5, 6, 8-10, 18-26, 28, 36-38, 40 Applicability to Ocean Through Bills of Lading Application to All Carriers Preemptive Effect , 30, 36 Waiver Carriage of Goods by Sea Act Bill of Lading Not Issued Cabotage Choice of Law & Forum Clauses COGSA vs. Hague-Visby Limits Extension of Time to File Himalaya Clause , 35, 38 Inland Carrier , 35, 38 Intended Beneficiary Limitation of Liability

2 Multimodal Movements Statute of Limitations Claims , 6, 14-18, 28, 34, 36, 38 Consignee s Rejection , 15 Failure to Notify Shipper of Rejection , 15 Fire During Transit , 36, 42 Minimum Amount for Federal Jurisdiction Requirements for Filing Short Payment of Invoice Statute of Limitations , 15, 34, 38 Submitting in Writing Class Action Cases , 27 Commonality of Claims Denial of Class Certification , 27 Household Goods Withdrawal of Prohibition Against Common Law Defenses Congressional Intent , 32 Contracts , 11-15, 17-18, 21, 24, 27-36, 40-41, 43 Contractual Statute of Limitations , 30 Course of Dealing , 12, 27 Cross-Border Trucking Contract Carriage & Carmack D Damages General , 16, 21-22, 35-36, 39, 42 Impact or Shock Recorders Pass Through Defense See Declaratory Judgments , 31 Special or Consequential , 24 Declaratory Judgments , 31 Defenses , 13 Definitions , Common Law Defenses - Public Authority Transportation Derailments (New) DHL Tariff Items F FedEx Tariff Items , 30 FMCSA s Safety Regulations and Records Force Majeure (CSX) Foreign Carriers Forum Selection Clause in Ocean Bills of Lading Freight Forwarders Liability , 11, 31, 42, Freight Charges Negligent Hiring H Hague-Visby Hazardous or Dangerous Materials , 42, 43 Himalaya Clause , 35, 38 Hostage Household Goods , Bait & Switch Allegations Change in Instructions

3 Class Action Denied Hostage Situations Preemption of State Law Claims , 22, 25 State Law Claims Allowed , 22 Statute of Limitations I Incorporation of Tariffs , 9, 10, 11, 27, 35, 37 No Notice of Incorporation , 9, 10, 11, 27 Pro Stickers , 10 Indemnification , 28, 29, 42 Preservation of Rights Insurance Coverage , 9, 26, 29, 41 BMC 32 Endorsement Insurers Not Federally Regulated MCS 90 PL/PD Parcel Express Carriers , 26, 27 Subrogation Rights , 7, 16, 17, 30, 36 International Treaties Interstate v. Intrastate Commerce J Jones Act Citizenship Requirements Jurisdiction , 3, 19, 20, 23, 24, 32, 36 Amount in Controversy No Federal Jurisdiction Over Insurers Subject Matter Jurisdiction , 23, 24 L Liability for Negligent Hiring , 42 Liability Limitations , 9, 18, 26, 27, 35 Choice of Rates , 8, 10, 11 Fifty cents per pound Flat Rate $25 per pound , 9, 47 $500 per package , 35, 37, 38, 39 Reference in Bill of Lading , 5, 7, 8, 9, 10, 11, 34, 35, 37, 38 UPS , 26, 27, 37 Litigation , 31 Declaratory Judgment , 31 M Mexican Trans-Border Shipments Minnesota Tort Statute of Limitations Mitigation Failure to Mitigate Prior Course of Dealing , 12, 27 When Rate is Dependent on Value Multimodal N NAFTA Negligent Hiring , 42 Ocean Freight Forwarders Exposure Surface Freight Forwarders Exposure

4 New Carriers, Absence of Safety Records , 41 NVOCCs , 29, 35, 41, 42 Liability , 35 O Ocean Freight Forwarders International Regulation Through Bill of Lading , 37, 38 Offsetting of Charges , 39 P Packaging Parcel Express Carriers , 26-27, 30, 37 Excluded Commodities , 26, 27 Federal Common Law v. Carmack , 37 Insurance Premium , 26, 27 Software Licensing Agreement Waiver of Tariff Terms Website Publication of Tariff Parcel Express Internet Shipping Preemption of State Laws , 30, 36 Private Tank Cars Public Authority R Rail Carriers , 5, 6, 12, 13, 15, 16, 18, 28, 29, 33, 34, 35, 39 Alternatives to Carmack , 6 Statute of Limitations , 6, 15 Rate Dependent on Value Rejection or Refusal of Delivery , 15 Railhead s Obligation to Notify Shipper , 15 Short Payment of Invoice , 15 S Safety Records Salvage Schramm v. Foster Shipper Liability for Derailments (New) Shipper Liability for Freight Charges Shipper Loading Liability Shippers Strict Liability Shock Recorders Special Damages Special Drawing Rights , Statute of Limitations , 15, 26, 30, 34, 38 Subrogation Rights , 7, 16, 17, 30, 36 Suits , 5, 14-20, 23, 27-30, 34, 36, 38, 47 Equitable Estoppel Estoppel , 19 Statutes of Limitations , 15, 26, 30, 34, 38 Surface Freight Forwarders , 11, 31, T Tariffs , 8, 9, 10, 11, 17, 19, 26, 27, 35, 37 Exclusions , 26, 27 Tex. Civ. Prac. & Rem. Code (a) Third Party Logistics Companies (3PL s)

5 Time Limits , 6, 15, 17, 18, 22, 34, 43 Time Sensitive Transportation Defined U UCC Terms of Sale UPS , 26, 27, 37 U.S. Customs & Border Protection V Venue - Proper Virginia Consumer Protection Law W Waiver of Statutory Rights Warsaw Convention , 43 Proper Party in Interest