Christopher J. Merrick

Christopher J. Merrick is a shareholder in Flaster Greenberg’s Litigation Department and a national leader in commercial transportation and supply chain law. He serves as the trusted advisor to clients located throughout the world, including but not limited to: New York City, Philadelphia, London, Paris, South Korea, Germany, Los Angeles, Colorado, Miami, Dallas, Atlanta, Washington, DC and many others.

Chris handles all stages of transportation and supply chain litigation, including appellate litigation and alternative dispute resolution, and represents corporate clients acting as both plaintiffs and defendants. He also assists clients with the development and implementation of strategies for avoiding, or at least minimizing, the risk of litigation in the first place.

As a transportation law attorney in Philadelphia, Chris’s litigation experience is diverse, but he focuses his practice on representing the interests of rail carriers, motor carriers (including household goods carriers), freight forwarders, intermediaries, warehouses, logistics companies, and ocean carriers in a wide variety of commercial transportation contexts. This has included notable matters involving more than $100 million in alleged damages, including defending two carrier clients against a nationwide antitrust class action and prosecuting a carrier client’s right to recover from a former vendor under the Racketeer Influenced and Corrupt Organizations (RICO) Act.

He also represents private and corporate clients located in New York, New Jersey, Pennsylvania, and throughout the world in complex matters involving the transportation and storage of fine art and antiquities. Notable matters have involved priceless works of art from some of the world’s best-known artists, mysterious disappearances of artwork being stored or displayed in museums, customs and import issues involving ancient artifacts, transportation of historically significant goods located in the White House, and more.

Chris also assists clients with an array of other commercial litigation matters, which can range from simple disputes with customers and vendors (often arising under the terms of a tariff, warehousing agreement, exempt contract, or federal statute/regulation), to major appellate and administrative agency matters with industry-wide implications. This has given him the opportunity to secure significant victories for clients in an array of high-value freight loss and damage lawsuits throughout the country.

In addition to his litigation work, Chris provides ongoing advice on emerging technologies and strategies for minimizing risk exposure and supply chain optimization. This includes acting as strategic counsel to help clients navigate the complex and often-changing regulatory landscape governing the transportation, supply chain, and logistics sectors locally, nationally, and internationally. This commonly involves providing strategic counsel to clients in connection with pending or contemplated corporate acquisitions.  Chris also works with regulatory agencies throughout the country to help clients secure and maintain necessary licensure. And he assists with preparation and analysis of carrier tariffs, broker and carrier contracts (including contracts under 49 U.S.C. § 14101 and § 10709), intermodal transportation agreements, as well as warehousing and supply agreements.

Appellate Matters

• Herod's Stone Design v. Mediterranean Shipping Co. S.A., 434 F. Supp. 3d 142 (S.D.N.Y. 2020), aff'd, 2021 WL 562344 (2d Cir. Feb. 16, 2021), successfully secured dismissal of carrier client at pleadings stage, and affirmance in appellate court, in complex maritime dispute involving $864,000 in alleged damage to an intermodal shipment of marble
• Norfolk S. Ry. Co. v. Baltimore & Annapolis R.R. Co., 2016 WL 11606622 (D.S.C. Apr. 25, 2016), aff'd in relevant part, 715 F. App'x 244 (4th Cir. 2017), successfully obtained summary judgment on client affirmative claim, as well as preliminary injunction, fee-shifting, and affirmance in appellate court, in dispute involving conversion of client property
• CSX Transp., Inc. v. Emjay Envtl. Recycling, Ltd., 2014 WL 4175798 (E.D.N.Y. Aug. 20, 2014), aff'd, 629 F. App'x 147 (2d Cir. 2015), successfully obtained summary judgment for client, and affirmance in appellate court, in complex contractual dispute involving more than $1 million in unpaid carrier freight charges and counterclaim seeking more than $1 million in damages
• Home Assur. v. A.P. Moller-Maersk, 13 F. Supp. 3d 277, 287 (S.D.N.Y. 2014), aff'd sub nom. Am. Home Assurance Co. v. A.P. MollerMaersk A/S, 609 F. App'x 662 (2d Cir. 2015), successfully obtained summary judgment for rail carrier and ocean carrier clients, as well as affirmance in appellate court, in complex international shipping dispute involving commercial construction equipment
• CNA Ins. Co. v. Hyundai Merch. Marine Co., Ltd.,747 F.3d 339 (6th Cir. 2014), in a matter of first impression on the circuit-court level, successfully argued Carmack Amendment does not apply to export intermodal shipments transported under a through bill of lading, resulting in reversal of trial-court judgment against rail clients and their dismissal from case
• Norfolk S. Ry. Co. v. Jefferson Iron & Metal Brokerage, Inc., 2012 WL 12951918 (N.D. Ala. Mar. 16, 2012), aff'd, 490 F. App'x 297 (11th Cir. 2012), successful in persuading trial and appellate courts that constructive notice for purposes of assessing demurrage can be established through electronic data available on carrier’s website

• Transportation Lawyers Association
• Transportation Law Institute
• Conference of Freight Counsel
• Villanova University School of Law Inn of Court