Commercial Transportation

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Team Skills & Experience Brief:

  • The team is comprised of attorneys possessing years of experience in the handling of commercial transportation matters, from transportation contract disputes, to Carmack Amendment and Carriage of Goods by Sea Act and International Treaty cases to catastrophic personal injury matters.
  • With offices that cover the Carolinas’ shipping lanes and routes, including Charlotte, NC, Charleston, SC, Greenville, SC and Columbia, SC, the team represents motor carriers, brokers and freight forwarders and/or their insurers in South and North Carolina.
  • The team is available 24/7 and provides clients an Emergency Response Contact Sheet listing home, cell and direct dial telephone numbers.
  • Team members belong to the Conference of Freight Counsel (“CFC”), Transportation Lawyers Association (“TLA”), Commercial Transportation Committee of the Defense Research Institute, the Federation of Defense and Corporate Counsel (“FDCC”), the International Association of Defense Counsel (“IADC”) and Trucking Industry Defense Association (“TIDA”).

Commercial Transportation Team

Tanker Truck - medGWB utilizes a team approach to provide the highest level of quality service to its clients, at the most reasonable expense.  Currently led by Chris Kelly, GWB’s Commercial Transportation Team has more than 170 years of combined experience in the handling of commercial transportation matters. Through this experience, the Team has developed a reservoir of knowledge in this particular field and is very familiar with the issues unique to the commercial transportation field.  The team has regular team meetings and events which focus on developing increased specialized knowledge in the handling of commercial transportation cases.  The firm’s technology allows for the efficient handling of any matter as it allows for the maintenance of a large volume of data obtained in the discovery and transaction process.  The firm also maintains a bank of legal memoranda, briefs, seminar materials, articles, expert CVs and expert depositions in the trucking litigation field which the team utilizes freely to allow the team to handle trucking matters at the most reasonable expense.

Cargo Ship - MedGWB not only brings an experienced team that has represented major commercial transportation entities in South and North Carolina, for years, but the experience and knowledge of former bar and defense association presidents and officers.  GWB has an outstanding reputation amongst the judiciary.

In the last five years the team has handled and resolved more than 110 commercial transportation matters.  Significant commercial transportation issues, in the commercial, cargo, casualty and coverage areas, addressed by the firm during the past five years include the following:

  • Business interruption and evaluation;
  • Catastrophic property damage claims;
  • Breach of transportation agreement;
  • Counseling on freight undercharge, overcharge, and double charge matters and related litigation;
  • Preparing and reviewing transportation documents, including contracts of carriage, brokerage and freight forwarding agreements, bills of lading, FMC service contracts, and other transportation related documents and papers;
  • Cargo damage claims involving application of the Carmack Amendment, Carriage of Goods by Sea Act and international treaties;
  • Broker and shipper liability issues;
  • MCS-90 endorsement issues;
  • Trailer Interchange issues;
  • Inter-Modal Interchange issues;
  • Spoliation and electronic discovery issues;
  • Additional insured and indemnification issues.
  • Emergency response and accident investigation;
  • Catastrophic injuries, brain injuries and toxic inhalation injuries;
  • Hazardous materials transportation and releases;
  • Mass tort/class actions;
  • Negligent supervision, training and hiring claims;
  • Hours of service violations, log falsification and fatigue claims;
  • Positive post accident drug tests;
  • Negligent load securement,
  • Inadequate lighting and reflectorization;
  • Mechanical and brake failures;
  • Leaving the scene of an accident involving serious bodily injury;
  • Preemption issues;
  • Venue issues;

Emergency Response

Sirens and LightsMembers of the Commercial Transportation Team are called upon at all hours of the night and day to as­sist the firm’s clients in the event of an emergency, whether commercial emergency, large cargo loss or catastrophic personal injury accident. The team provides its clients with an emergency response contact sheet which contains the work, home, and cellular telephone numbers of each team member in order to better serve GWB’s transportation clients. In 2005, members of GWB’s Com­mercial Transportation teams served as lead counsel in the emergency response, post-accident investigation, and claims handling of the Graniteville train derailment. Team members were on-site within hours of the derail­ment that resulted in a chlorine cloud being released into the environment. GWB attorneys regularly respond to the scene of large commercial motor vehicle accidents to coordinate the investigation, advise the client and direct all aspects of the emergency response. GWB brings a vast amount of experience in accident scene response, evidence preservation, and investigative skill to the issues that arise out of a catastrophic accident.

Representative motor carriers and commercial transportation clients (private and for hire fleets) that have been represented by GWB’s Commercial Transportation Team in the past include, but are not limited to:

  • Armstrong Transport Group
  • Allied Van Lines, Inc.
  • Blue Max Trucking, Inc.
  • Benton Express, Inc.
  • C.R. England
  • Cardinal Logistics
  • Coca Cola Bottling Co. Consolidated
  • Con-Way Freight, Inc.
  • CRST International, Inc.
  • Empire Express, Inc.(delete please)
  • EPES Transport System, Inc.
  • Food Lion
  • Mail Contractors of America, Inc.
  • Movealldot.com
  • Nations Express, Inc.
  • PACER
  • Pat Salmon & Sons, Inc.
  • Penske
  • New Prime, Inc.
  • SAIA
  • Southeastern Freight, Inc.
  • Superior Carriers, Inc.
  • Trimac
  • Waste Management
  • West Atlantic Logistics

Related Articles & Presentations

Members of the team are actively involved in the following organizations:

  • Transportation Lawyers Association (“TLA”)
  • Conference of Freight Counsel (“CFC”)
  • Federation of Defense and Corporate Counsel (“FDCC”)
  • International Association of Defense Counsel (“IADC”)
  • Trucking Industry Defense Association (“TIDA”)
  • Commercial Transportation Committee of the Defense Research Institute

Team Members

 

Key Contacts

Kelly New HS Med 4-29-14

Christopher M. Kelly

Shareholder
Charlotte, NC

Ott New Bio HS 11-22-13

Curtis L. Ott

Partner
Columbia, SC

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