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General Transportation

We know that the client's principal goal for transportation and logistics operations is to get the goods where they need to go as efficiently as possible and maximize profitability. Sophisticated legal and business solutions, combined with aggressive representation, from Benesch's Transportation & Logistics Group can help.

Experience

  • Represented a global freight forward transportation dispute in the New Jersey Superior Court. After filing, fully briefing, and arguing a motion to dismiss, the Court found that the plaintiff had not stated a claim for which relief may be granted. Accordingly, the judge dismissed the complaint from the bench before the end of the hearing. 

  • Represented a New York-based ocean and air freight intermediary in two related actions against an international steamship line. During the height of the 2021 COVID-19 pandemic, the Line improperly in-gated five shipping containers owned by our client’s customer into its terminal. Despite our client’s attempts to reclaim the shipping containers, the Line continued to use the shipping containers in its own business for several years, in derogation of our client’s superior ownership rights. Ultimately, we filed a complaint for conversion in the United States District Court -Southern District of New York, and a companion action at the Federal Maritime Commission for damages related to the Line’s alleged violations of the Shipping Act. We successfully defended against motions to dismiss in both forums and litigated both actions through numerous motions, counterclaims, third-party pleading practice, and administrative proceedings. Ultimately, the parties were able to resolve these related disputes in a favorable global settlement.

  • Represented Cargill, Inc., a multi-billion-dollar food products processor and manufacturer, in a motor vehicle accident case pending in Cook County, Illinois. First, we succeeded in obtaining summary judgment on all of the plaintiff’s vicarious liability claims in a court long known as plaintiff friendly. The plaintiff filed a motion to reconsider that dismissal and a motion to amend the complaint to include direct negligence claims against Cargill for the loading of the cargo. We opposed the plaintiff’s motions, and the judge agreed, drafting a thoughtful written order denying plaintiffs’ motions in their entirety. Not only was this a huge win for Cargill, but it was also a win for the nation’s third-party logistics industry and manufacturers such as Cargill across the country.

  • Represented C.A.T. Transport, Inc., a Canadian-based transportation provider focused on extensive and elaborate cross-border motor carrier transportation, in successfully managing the dismissal of over 20 lawsuits from a hundred-vehicle pileup in Texas.

  • Represented Johanson Transportation Service, a large nationwide transportation broker and logistics provider headquartered in California in a high profile, high value, multiple fatality lawsuit for Johanson in California. We obtained a complete dismissal.

  • Won at jury trial in high-dollar international freight claim trial involving alleged damage to geodesic dome.
  • Won at jury trial in international freight charge dispute involving global transport of tunnel boring equipment.
  • Houmani v. Roadway Express, Inc., 2008 WL 731497 (N.D. Ohio) Freight loss and damage litigation; prevailed on summary judgment.
  • The New Hampshire Insurance Co. v. Marinemax of Ohio, Inc., 408 F.Supp. 2d, 526, 63 Fed.R. Serv. 3d 976, (N.D. Ohio) Summary judgment regarding marine policy coverage issues.
  • Brennan v. A-A Auto Transport, Inc., 2007 WL 2886355 (N.D. Ohio) Motion for Judgment on the pleadings granted; federal Carmack Amendment preemption.
  • Shonac Corporation v. Maersk, Inc. 159 F.Supp. 1020, 2001 A.M.C. 1924 (S.D. Ohio) Summary judgment regarding damages recoverable in a COGSA maritime case.
  • Smeltzer, et al. v. Binsley, et al., 2007 WL 397336, Ohio App. 9. Dist., No. 23092, 2007
  • Mid-West Materials, Inc. v. Packard Logistics, Inc., 2007 WL 893890 (N.D. Ohio) Summary judgment dismissal; Carmack Amendment federal preemption.
  • Halpern v. Atlas Van Lines, 2009 WL 484202 (N.D. Ohio) Partial summary judgment, and awarding sanctions and fees.
  • Terminal Warehouse, Inc. v. CSX Transp., Inc., Fed. Corr. Cos. P. 85,442 (6th Cir.) Appeal of Surface Transportation Board decision as to railroad abandonment.
  • Frankenmuth Mut. Ins. v. D.J. Franzen, Inc., 2008 WL 3836535 (N.D. Ohio) Granting dismissal based upon federal Carmack Amendment preemption.
  • Carr v. Olympian Moving & Storage, Fed. Carr Cas. P. 84, 459 (N.D. Ohio) Dismissal on complete federal Carmack Amendment preemption grounds.
  • DWC Company v. CSX Transportation, Inc., 2009 WL 150671 (S.D. Ohio) Removal approved based upon 28 U.S.C § 1337's "other paper" language.
  • Automated Window Machinery, Inc. v. McKay Insurance Agency, Inc., 320 F.Supp. 619, Fed. Corr. Cas. P. 84, 343 (N.D. Ohio) Granting dismissal on federal Carmack Amendment preemption grounds.
  • F.M. Machine Co. v. R&L Carriers, Inc., 2009 WL 175977 (N.D. Ohio), Fed. Carr. Cas. P. 84, 610 Partial summary judgment enforcing liability limitations of motor carrier.
  • Associates Insurance Co. v. Whittington, 170 F.Supp. 2d 1119 (N.D. Ohio) Trucking insurance coverage summary judgment victory.
Key Contacts
  • Marc S. Blubaugh
    Litigation
    Columbus
  • Eric L. Zalud
    Litigation
    Cleveland

View full team

Articles and Presentations
April 22, 2020
Jonathan Todd published in CNS Air Cargo | "Early Lessons Learned: COVID-19’s Impact on Global Transportation"
September 15, 2017
InterConnect Newsletter - Summer 2017
August 31, 2017
InterConnect FLASH! No. 63 - Employee v. IC: Dual Role of Agent and Small Fleet Owner

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News
November 8, 2016
Benesch named 2017 "Law Firm of the Year" in Transportation Law by U.S. News & World Report/Best Lawyers®
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