Barclay Damon’s transportation attorneys routinely handle a wide variety of transportation issues in different contexts, including matters involving motor carriers, passenger carriers, rail carriers, transportation brokers, logistics, medical transport, and more. The multidisciplinary team features an experienced group of regulatory, insurance, tort, employment, energy, environmental, and appellate attorneys who deliver comprehensive legal services to clients. Our practice is national in scope, with many industry issues arising from federal law or reflecting nationwide concerns.
A representative sampling of our transportation work follows:
Coverage
Our transportation attorneys represent leading regional and national transportation insurers, prosecuting and defending declaratory judgment actions in matters pending across the country in state or federal courts and on appeal. The team has extensive experience drafting declination, reservation, and rights letters; drafting and updating policy forms and manuscript endorsements; and preparing opinion letters.
We frequently handle matters that involve:
- Commercial uninsured and underinsured motorists claims
- Contingent-coverage policies
- ISO commercial auto policy forms
- MCS-90 endorsement and state variations
- Primary and excess disputes
- The interplay of general liability and auto liability policies
- The scope of non-trucking policies
- UIIA endorsements
Contracts
We frequently draft and review contracts used in the transportation business, including shipper-broker contracts, broker-carrier contracts, owner-operator lease agreements, and more.
Defense
Our transportation attorneys regularly try cases, with multiple team members trying more than 100 cases individually. Defense is provided locally by experienced attorneys staffed in our offices across the Northeast who focus on defending tort actions. To provide the most accurate, relevant information for clients, we actively research the latest technological training and industry efforts to combat “reptile tactics” and prevent the misuse of CSA data.
Cargo Claims
We provide both defense and coverage services for matters that involve:
- Common-law defenses
- Limitations of liability, cargo, and contingent coverages
- Inland marine coverages, including riggers and warehouseman’s coverages
- The difference between common-law carriage and contract carriage
Employment Issues
Barclay Damon clients and colleagues routinely indicate that the most pressing issues for many transportation entities are finding qualified drivers and classifying their status in a manner that doesn’t break the bank. Our attorneys work on the management side, helping clients craft contracts and respond to agency investigations and queries. We litigate issues such as the status of drivers as employees or independent contractors under federal and state law as well as compliance with state employment regulations.
Fracking and Energy
Our transportation attorneys work closely with our energy team on fracking claims, assisting trucking companies that are deeply involved in fracking logistics and get pulled into resulting lawsuits. We have also been involved in drafting special insurance endorsements in response to developments in this field.
Environmental
We also work closely with the firm’s Environmental Practice Area attorneys, including the NYS Department of Environmental Conservation’s former general counsel, to handle cases involving spills and other environmental claims.
Regulatory
Our transportation team works with clients to ensure they are in compliance with relevant regulatory requirements and have the appropriate authorization and insurance to conduct their business. We also help them respond to investigations by regulators or safety administrators.