Warehousing & Ports

Representative Experience

• Prevailed in the defense of a national warehouse operator against claims for breach of contract and conversion.
• Obtained summary judgment on claims for conversion, breach of contract, and gross negligence against a warehouseman.
• Successfully defended warehouse operator sued for over $2 million in lost profit damages.
• Represented large regional warehousing and household goods storage facility in dispute over accidental auction of household goods kept in storage for nearly three decades, preceding computerized record keeping. At issue was the customer’s waiver of valuation protection of the goods as undisputed, as well as UCC regulations regarding whether a commercially reasonable auction was held, resulting in a very favorable confidential settlement for the client.
• Defended carriers and warehouses in claims pertaining to loss or damage that occurred to goods during storage-in-transit or permanent storage, including dismissal of claims under the Carmack Amendment as preempted.
• Represented carriers and warehouses in numerous UCC lien auctions when customers have failed to pay for transportation and storage charges incident to transportation. Provided legal notices and publications to ensure commercially reasonably auction procedures are followed. Settled several claims for unpaid transportation and storage fees for amounts far greater than would have been achieved through auction procedures.
• Represented warehouse authorized to store USDA grade products in suit over storage of bug infested product and customer’s failure to remove the product in a timely manner, warranting destruction of the product pursuant to oral contract.
• Favorably settled litigation over missing goods at fulfillment warehouse when warehouse was sold to client and existing customer made misleading claims about the amount and value of goods in inventory.