Strategies, Challenges, and Answers

Shipper And Motor Carrier Can Agree On Method Of COD Payment Without Violation Of Filed Rate Doctrine

Filed Rate DoctrineImports, Etc. sold 511 cartons of women’s shoes to A&M Department Stores. Imports hired ABF Freight Systems, Inc. to deliver the shoes.

The alternative Straight Bill of Lading provided that the ABF driver was to receive two payments on delivery of the shoes. One payment was to ABF for the freight charges. The other COD payment was for Imports, Etc. for the sale of the shoes. The Bill of Lading said ABF was to accept only a cashier’s check for payment of the shoes.

When ABF’s driver arrived at the delivery address, there was no business sign to confirm that this was an A&M location. Instead, the sign said Bag Bazaar.  In addition, the consignee tendered certified checks instead of cashier’s checks. After some phone calls, the ABF driver accepted the certified checks and unloaded the shoes.  [Continue reading]

Motor Carrier Beats Driver’s Claim For Overtime Pay. Find Out How.

Mr. Winston drove commercial vehicles for Air Truck Express (ATE), an interstate regional line haul carrier.  After his position ended at ATE, driver Winston claimed that he should have been paid overtime for his driving.  Even though all the … [Continue reading]

Using Proper Bluebook Citation When Referencing Nevada Law Blog Articles

Legal Blue Book

We gathered in the conference room of an upscale Plaintiff’s firm in Las Vegas. The attorneys exchanged their exhibits and agreed on discovery deadlines. As the meeting adjourned, the Plaintiff’s attorney turned to me and said “So let me tell you a … [Continue reading]

Mills & Associates Joins With Phoenix Powerhouse Bauman Loewe Witt & Maxwell

BLWM

Since 1997, Mills & Associates has provided exceptional legal service to clients in Nevada, Utah and Arizona.  In an effort to expand our reach, enhance efficiency and continue to deliver the best customer service, Mills & Associates will … [Continue reading]

Accepting A Release Signed By The Attorney And Not The Claimant Presents Risks

bloodhound (st.hubert or sleuth) isolated on a white background

The world is always in motion. And so are the people who inhabit it. Any more, people change homes and cars and jobs as often as they change their shirts. Plaintiffs’ attorneys occasionally encounter the problem of a lost client. They often learn … [Continue reading]