In this area of law, we are familiar with the unique documentation used in connection with inter and intra-state transportation, by rail or motor carrier, such as bills of lading, waybills, delivery receipts, and warehouse tickets.  We have also litigated extensively the controversial issue of consignee liability on behalf of a warehouseman.  “Consignee liability” is a form of secondary or vicarious liability for freight costs, demurrage costs, and the like. 

We recently won a case of alleged “consignee liability” for a warehouse located in Illinois.  The warehouse was sued by an intermodal freight operator seeking to collect unpaid freight charges, even though the warehouse and the intermodal freight operator had no prior contract or working relationship.  The intermodal freight operator was unable to collect delinquent freight charges from its customer, a company that manufactured and shipped landscaping products.  Under the theory of “consignee liability”, the intermodal freight operator attempted to collect those bills against the warehouse to where the freight was shipped.  After an extensive examination of the evidence the Court held that the warehouse was not a consignee under the law, and that the lawsuit should be dismissed.  See the Opinion of the Honorable Bryan D. Garruto, J.S.C. filed on January 23, 2008.