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C. Fredric Marcinak III

C. Fredric Marcinak III

Partner

T (864) 751-7691
F (864) 751-7800
Overview

Fredric Marcinak practices in the firm's Transportation Industry Group, where he represents transportation companies, including both carriers and intermediaries, regionally and nationwide on casualty/accident and commercial litigation matters, including cargo/freight claims, collections/contract disputes, FMCSA and state regulatory compliance and permitting matters, and insurance coverage cases. In these litigation matters, Fredric has tried multiple cases to verdicts before juries and handled appeals for transportation clients. Having handled complex litigation matters, Fredric has recognized that having a good game plan in advance is the best way to avoid costly lawsuits.  Knowing this, Fredric enjoys assisting with general business matters that transportation companies face every day, such as independent contractor leasing issues, complex workers compensation scenarios, regulatory compliance and safety issues, and contracting with customers and vendors.  By working with clients on these issues as they manage their companies, Fredric hopes to help lay the groundwork to stay out of litigation or to be well positioned to defend it when it arises.

As a native of the Upcountry region of South Carolina, Fredric enjoys hiking, fishing, and camping in the mountains of North and South Carolina.  Fredric and his wife and three children enjoy serving the community through their local church and other local organizations.

Achievements
  • South Carolina Super Lawyers, Rising Stars Edition, Listed Transportation/Maritime (2012-2015)
  • Martindale-Hubbell's top ("AV") Peer Review Rating *

* CV, BV, and AV are registered certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedure's standards and policies.

Experience

Representative Work

  • Gregory Poole Equipment Co. v. ATS Specialized Logistics, Inc., 2014 WL 1760999 (E.D.N.C. May 1, 2014)
  • Huber Engineered Woods, LLC v. Canal Ins. Co., 364 N.C. 413, 700 S.E.2d 220 (2010)
  • Straley v. Thomas Logistics, LLC, 2010 WL 2231399 (W.D.N.C. Mar. 18, 2010) report and recommendation adopted, 2010 WL 2231566 (W.D.N.C. June 1, 2010)

Experience

  • Clerkship, The Hon. Dennis W. Shedd, Circuit Judge, U.S. Court of Appeals for the Fourth Circuit
  • Clerkship, The Hon. Henry F. Floyd, U.S. District Judge, District of South Carolina


* Past success does not indicate the likelihood of success in any future legal representation.

Thought Leadership

Publications

July 10, 2017
Deregulation and Freight Charges, Transportation Industry Newsletter
April 4, 2017
So, You Want To Be In Federal Court?, Transportation Industry Newsletter
October 1, 2016
NMFTA Shakes Up Bills Of Lading, Transportation Industry Newsletter
July 1, 2016
Carmack v. Arbitration: Carmack Wins, Transportation Industry Newsletter
September 30, 2015
Brokers, Carriers, And Cargo Claims, The Transportation Newsletter
July 15, 2015
Act Of God Defense Prevails!, The Transportation Newsletter
April 13, 2015
January, 2015
Large Cargo Losses = More Broker Claims, The Transportation Newsletter
October 1, 2014
June 26, 2014
Megatrux = Megaproblem for Carriers, The Transportation Newsletter
January 9, 2014
March 27, 2013
Cargo Losses: Who Must Pay?, The Transportation Newsletter
June 27, 2012
COGSA and the Elusive "Customary Freight Unit", The Transportation Newsletter
January 23, 2012
Marso v. UPS, The Transportation Newsletter
January 23, 2012
Yes, You Need a Tariff, The Transportation Newsletter
October 18, 2011
Contracts: Look at the Big Picture, The Transportation Newsletter
July 1, 2011
The Importance of a Good Cargo Contract, The Transportation Newsletter

Published Works

  • "Third Circuit Rejects Attempt to CONVERT Carmack Preemption," The Transportation Newsletter, Fall 2014
  • "Megatrux = Megaproblem for Carriers," The Transportation Lawyer, July, 2014
  • "Court Expands Right to Pursue Recovery of Freight Charges From the Government," The Transportation Lawyer, April, 2014
  • "Rethinking Your Risk Management Strategy: Is Your Tariff Enforceable?," The Transportation Newsletter, Fall 2013
  • "The Continuing Role of Carrier Tariffs in the Aftermath of ABB, Inc. v. CSX Transportation, Inc.," The Transportation Lawyer, October, 2013
  • "The Importance of a Contract for Freight Shipments," The Transportation Newsletter, Summer 2013
  • "Cargo Losses: Who Must Pay?,"  The Transportation Newsletter, Spring 2013
  • "The Continued Extension of Regal-Beloit,The Transportation Newsletter, Winter 2012
  • "Ocean Carrier or Warehouseman: The Intersection Between COGSA and Tort," The Transportation Newsletter, Fall 2012
  • "COGSA and the Elusive "Customary Freight Unit," The Transportation Newsletter, Summer 2012
  • "Changes to Federal Jurisdiction and Procedure: The Federal Courts Jurisdiction and Venue Clarification Act of 2011," The Transportation Newsletter, Spring 2012
  • "Freight Damage and Tariffs: Marso v. UPS," The Transportation Newsletter, Winter 2011
  • "Yes, You Need a Tariff: 5K Logistics, Inc. v. Dominion Resources Services, Inc.," The Transportation Newsletter, Fall 2011
  • "Contracts:  Look at the Big Picture," The Transportation Newsletter, Summer 2011
  • "Cargo Update: The Importance of a Good Contract," The Transportation Newsletter, Spring 2011
  • "Limitations on Liability for Air Freight: the Montreal Convention," The Transportation Newsletter, Winter 2010
  • "Kawasaki Kisen Kaisha v. Regal-Beloit Marches On," The Transportation Newsletter, Fall 2010
  • Court Upholds Punitive Damages are Recoverable from Underinsured Motorist Carriers,” The Transportation Lawyer, October 2010, (co-authored with Rob Moseley)
  • "Tenth Circuit Shakes the World of MCS-90," The Transportation Lawyer, January, 2010
  • "US Supreme Court Ends Dispute:  COGSA (not Carmack) Applies to Land Segment of Ocean Shipments Subject to Through Bills of Lading," The Transportation Newsletter, Winter 2009
  • "Update on PACT:  Congress Changes Rules for Carriers Transporting Tobacco," The Transportation Newsletter, Fall 2009
  • "CSA 2010: How Does It Affect Your Contracts?" The Transportation Newsletter, Summer 2009
  • "Roadability Regulations – Years in The Making To Be Followed By Years Of Interpretation?," The Transportation Newsletter, Spring 2009

Presentations

  • "Stop Thief!": Cargo Theft – The Criminal Interface Between the Bad Guys and the Transportation Industry, Transportation Lawyers Association Annual Conference, Spring 2015, Scottsdale, AZ
  • Witness Prep to Win, Specialized Carriers & Riggers Association Specialized Transportation Symposium, Spring, 2015, Atlanta, Georgia
  • Freight Claims Boot Camp, Transportation Lawyers Association Chicago Regional Seminar, January 2015, Chicago, IL
  • Cargo Claims FAQ: Clearing The Air (And Land) On Oft-Heard Freight Claims Issues, Transportation Lawyers Association Annual Conference, Spring 2014, St. Petersburg, Florida
Community
  • Elder, Woodruff Road Presbyterian Church, Greenville, South Carolina
Education
  • University of South Carolina School of Law, J.D., magna cum laude, 2005
  • University of Sussex, LL.M., International Criminal Law, with Distinction, 2002
  • The Citadel - The Military College of South Carolina, B.A., History, summa cum laude, 2001
Admissions
  • South Carolina
  • North Carolina
  • United States District Court, District of South Carolina
  • United States District Court, Eastern District of North Carolina
  • United States District Court, Middle District of North Carolina
  • United States District Court, Western District of North Carolina
  • United States Court of Appeals, Fourth Circuit
  • United States Supreme Court
Affiliations
  • Transportation Lawyers Association
    • Chair, Freight Claims Committee
  • Conference of Freight Counsel
  • Specialized Carriers & Rigging Association
Academic Honors
  • Order of the Coif
  • Moot Court Bar, National Competition Team
  • CALI Awards in federal practice, appellate advocacy, trusts & estates, and Supreme Court practice
  • First Honor Graduate, The Citadel Class of 2001
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