Gerald Borovick

Individual Shipper Gets Significant Damages And Attorneys’ Fees After Arbitration Program Becomes An Issue In Case

By:      Gerald D. Borovick An individual shipper was awarded $133,533.00 in satisfaction of his actual damages and over $18,000 in attorneys’ fees plus pre- and post-judgment interest in a troubling case involving a residential interstate HHG move.[1] The mover was ordered to pay a majority of the individual shipper’s attorneys’ fees, the increased price … Read more

FMCSA Updates Household Goods Consumer Protection Rules Following FAST Act HHG Working Group Recommendations

By Gerald D. Borovick   Changes to household goods motor carrier and broker procedures and paperwork for communicating FMCSA’s consumer protection information, estimating, booking and contracting with consumers for interstate moves are scheduled to take effect June 27, 2022.[1] FMCSA’s Commercial Enforcement Division promulgated its Final Rule which adopted certain recommendations made to it by … Read more

FMCSA Rescinds Longstanding CMV Driver Record Of Violations/Certification Reporting And Recordkeeping Rule

By Gerald D. Borovick   The FMCSA is rescinding the longstanding driver “record of violations” reporting rule.[1]  After May 8, 2022, neither the motor carrier employer or driver will be required to complete and maintain the annual written driver certification as to the existence of traffic violations resulting in convictions or forfeited bond or collateral.  … Read more

Carmack Amendment Limits And Preempts Individual Shipper’s Loss Claim Involving Interstate Household Goods Move Overseen By Shipper’s Household Staff

By Gerald D. Borovick Where, on an interstate household goods move an Individual Shipper (the “Shipper”) alleged that the Mover either lost or stole one-third of the items valued at approximately $1.9 million from the shipment, a federal district court judge dismissed her Carmack Amendment loss claim and State law conversion claim as untimely and … Read more

First Circuit Court of Appeals Upholds Property Motor Carrier’s Unsatisfactory Safety Rating Assigned To Carrier By FMCSA Following Review Prompted By Driver Complaints To FMCSA’s National Consumer Complaint Database

By Gerald D. Borovick In a case of first impression, the First Circuit Court of Appeals denied a New Hampshire motor carrier’s petition for judicial review of a final order issued by the FMCSA that found the motor carrier’s overall safety rating unsatisfactory following a comprehensive on-site compliance review lasting almost four months and conducted … Read more

Unpacking Some Of FMCSA’s Proposed Changes To Federal Mover Household Goods Consumer Protection Rules

By Gerald D. Borovick The FMCSA proposes adopting certain recommendations made to it by a “working group” to change Federal household goods Consumer Protection Regulations motor carriers (Movers) are required to follow when providing interstate household goods transportation or service to an individual consumer shipper (the Individual Shipper).[1]   The intent is to update outdated … Read more

Individual Shipper’s Suit Against Mover Alleging Theft of Jewelry Arising Out Of Interstate Move Removed From State To Federal Court – Subject Matter Of Suit – Interstate Transportation – Governed by Carmack Amendment – State Law Claims Preempted

By Gerald D. Borovick In a case involving an alleged theft of jewelry by a Mover hired to pack load and transport an Individual Shipper’s household goods and personal effects from Connecticut to Maryland, a Federal court in Connecticut held the Shipper’s State law claims (including statutory theft, conversion and Connecticut’s unfair trade practices act) … Read more