By: Gerald D. Borovick Where, as part of an interstate household goods shipment, a 2009 motorcycle was damaged beyond repair during loading, the Individual Shipper selected full replacement value protection (FVP) and declared a $50,000 shipment value on the bill of lading, a Texas appeals court affirms $29,288.99 representing the replacement cost of a … Read more
By: Gerald D. Borovick A federal judge in Boston recently ruled an individual shipper’s suit against a California-based moving company following his move from San Francisco to Cambridge is governed exclusively by the Carmack Amendment to the ICC Termination Act of 1995.[1] With this ruling, the district of Massachusetts is now firmly with other … Read more
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
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
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