Manage
My Account
Photo of Christopher J. Merrick

Christopher J. Merrick

Christopher J. Merrick is a shareholder in Flaster Greenberg’s Litigation Department and a national leader in the area of commercial transportation law. Mr. Merrick handles all stages of litigation, including appellate litigation and alternative dispute resolution, and represents corporate clients acting as both plaintiffs and defendants. He also assists clients with preparation and revision of their commercial contracts, as well as navigating challenging regulatory issues impacting their operations.

Mr. Merrick’s litigation practice is diverse but focuses on representing the interests of rail carriers, motor carriers (including household goods carriers), freight forwarders, intermediaries, warehouses, and ocean carriers in a wide variety of commercial contexts. This has included multiple 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. Chris has also secured numerous favorable results for carrier clients in litigation arising out of complex transportation statutes, treaties, and regulations; and has successfully defended carrier clients in an array of high-value freight loss and damage suits throughout the country.

In addition to his litigation work, Chris also assists clients with their unique legal needs related to the international, interstate, and intrastate transportation and storage of goods. This has included navigating and overcoming the legal and logistical hurdles associated with transporting historically-significant items from the White House and negotiating terms for international transportation and storage of priceless paintings prior to their sale at auction.

A longtime member of the National Conference of Freight Counsel and the Villanova Law School J. Willard O’Brien American Inn of Court, Mr. Merrick previously served as law clerk to the Honorable Lynne A. Sitarski of the United States District Court for the Eastern District of Pennsylvania, and also served as a Special Deputy Attorney General in the Civil Litigation Section of the New Jersey Attorney General’s office.

Representative Matters

  • 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
  • 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 that the 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
  • 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
  • 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
  • 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
  • Curtis Markson, et al, v. CRST International, Inc. et al, 5:17-cv-01261-SB-SP (C.D. Cal.), lead counsel for two carrier clients in nationwide putative class action involving Sherman Act antitrust claims against multiple carriers
  • Norfolk S. Ry. Co. v. Boatright R.R. Prod., Inc., 2021 WL 1264237 (N.D. Ala. April 06, 2021), represented railroad client in prosecution of contract, RICO, and fraud action related to alleged fraudulent treatment of more than 4.5 million rail ties leading to more than $190,000,000 in damages
  • Nipponkoa Ins. Co., Ltd. v. Norfolk S. Ry. Co., 794 F. Supp. 2d 838 (S.D. Ohio 2011), successfully persuaded court to extend covenant not to sue clause appearing in ocean carrier’s bill of lading to downstream rail carrier, resulting in client’s dismissal
  • Phoenix Ins. Co., Ltd. v. Norfolk S. R.R. Corp., 2014 WL 2008958 (D.N.J. May 16, 2014), successfully persuaded Court to enforce $25,000 limitation of liability in seven-figure freight damage claim against client involving electric transformer
  • Alfamodess Logistics, LLC v. Catalent Pharma Sols., LLC, 2014 WL 4545763 (E.D. Pa. Sept. 12, 2014), assisted with obtaining successful ruling for client at bench trial in matter involving attempts to defraud client by insider in client shipping department and brokerage company
  • Daniluk v. Norfolk S. Ry. Co., 2015 WL 148560 (D. Colo. Jan. 12, 2015), successfully obtained summary judgment in international shipping dispute involving tortious interference claims against client
  • CSX Transportation, Inc. v. PSL N. Am., LLC, 2015 WL 9181107 (N.D. Ala. Dec. 17, 2015), obtained 100% recovery for client at trial in commercial dispute arising out of damages incurred by client due to shipper’s improper loading of pipe for transportation
  • CSX Transportation, Inc. v. Five Star Enter. of Illinois, Inc., 2018 WL 6735705 (N.D. Ill. Dec. 24, 2018), successfully defeated claim for more than $30 million in damages against client and additionally obtained judgment against shipper and its owner personally in conjunction with their perpetration of fraud scheme against client

Conference of Freight Counsel

Villanova University School of Law Inn of Court

Articles & Alerts

Admissions

  • New Jersey
  • Pennsylvania
  • Supreme Court of Pennsylvania
  • Supreme Court of New Jersey
  • U.S. Court of Appeals, Second Circuit
  • U.S. Court of Appeals, Fourth Circuit
  • U.S. Court of Appeals, Sixth Circuit
  • U.S. Court of Appeals, Seventh Circuit S. Court of Federal Claims
  • U.S. District Court for the Eastern District of Pennsylvania
  • U.S. District Court for the District of New Jersey
  • U.S. District Court for the Northern District of Indiana
  • U.S. District Court for the Eastern District of Michigan
  • U.S. District Court for the District of Colorado
  • U.S. District Court for the Eastern District of Wisconsin
  • U.S. District Court for the Southern District of Indiana
  • U.S. District Court for the Central District of Illinois
  • U.S. District Court for the Southern District of Texas

Education

  • Villanova University School of Law, J.D., 2008
  • Appalachian State University, B.S., 2003

Clerkships

  • Law Clerk, Honorable Lynne A. Sitarski of the United States District Court for the Eastern District of Pennsylvania
  • Special Deputy Attorney General, Civil Litigation Section of the New Jersey Attorney General’s office

In light of recent changes to data protection laws, we have updated our Privacy Policy and Terms & Conditions, which explain how we collect, use, maintain, and secure your information. By using this site, you agree to our updated Privacy & Terms of Use Policies