Freight forwarders and 3Pl’s who have outstanding charges for their transportation services need to move quickly to recover these charges because taking time to do so, may be fatal to the freight forwarder’s claim in the court. Freight forwarders’ action can be statutorily time-barred under ICC Termination Act of 1995 (“ICCTA”), Pub. L. No. 104-88, 109 Stat. 803 (1995), 49 U.S.C. § 14705(a). 49 U.S.C. § 14705(a) states: (a) In general.–A carrier providing transportation or service subject to jurisdiction under chapter 135 must begin a civil action to recover charges for transportation or service provided by the carrier within 18 months after the claim accrues. ICCTA would preempt New York’s breach of contract for services 6-year statute of limitations under CPLR 213(2). Under the Supremacy Clause of the United States Constitution, federal laws “shall be the supreme Law of the Land” and Congress is vested with the authority to supersede state statutory or regulatory law. U.S. Const., art. VI, cl. 2, State ex rel. Grupp v. DHL Exp. (USA), Inc., 19 N.Y.3d 278, 283, 970 N.E.2d 391, 394 (2012). Within constitutional limits Congress may preempt state authority by so stating in express terms. Biscone v. JetBlue Airways Corp., 103 A.D.3d…
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