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Expert Analysis

11th Circ. Offers Key Guidance To Shipping Cos.

By Al Teel ( April 11, 2018, 12:35 PM EDT) -- What is the proper test for distinguishing brokers from carriers under the Carmack Amendment? On March 28, 2018, the Eleventh Circuit Court of Appeals addressed this question in Essex Ins. Co. v. Barrett Moving & Storage Inc.,[1] a case of first impression within the circuit. This opinion offers guidance for transportation and logistics companies on when the Carmack Amendment actually applies to a particular shipment, because the Carmack Amendment's strict liability provisions apply to motor carriers but not to brokers....

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