Legal Advice with John Cutler

NASSTRAC's Legal Counsel John Cutler answers your top questions. Check back often for answers to new questions.

John M. Cutler, Jr., is a principal with McCarthy, Sweeney & Harkaway. Since graduating from Georgetown Law School in 1976, Cutler has been a specialist in transportation law, representing shippers before the ICC and STB, in federal and state courts, and in legislative proceedings. Cutler was active in defending shippers against undercharge claims during the undercharge epidemic, and assists members and others with contract, bill of lading, claims, classification and other transportation law issues. He also represents shippers by rail, air and water.

As a member of NASSTRAC, you receive 24/7 access to online information based upon commonly asked legal questions such as the one asked below. As a member, you also receive valuable one-on-one expertise from NASSTRAC's legal counsel, John Cutler, on contract reviews, assistance with bills of lading, undercharge claims, and much more. So join today!

Q. If carrier claims meet the 90-day, 180-day and 18-month deadlines, are they valid?

A. No, they are merely timely. For a carrier claim to be valid there must be:

a legal basis for the claim, such as a contract or tariff;
the claim must be against the proper party; and
the claim must be reasonable.

For example, the ICC and Surface Transportation Board have held that late pay penalty charges are unreasonable if they are disproportionate to the cost of collecting the unpaid freight charges.

John Cutler
McCarthy, Sweeney and Harkaway
2175 K Street NW
Washington, DC 20037
202-775-5560
Fax: 202-775-5574
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