Every carrier knows the risk. You deliver the freight, submit your paperwork, and expect payment. Then the excuses start: “We already paid the broker.” “The check’s in the mail.” Or worse—silence.

When brokers keep the money instead of paying carriers, the result is the same: someone else’s mistake becomes your loss. Baxter Bailey & Associates has built its reputation on making sure that doesn’t happen.

Two California court victories—both tried in 2017—show how far Baxter Bailey will go to protect carrier rights and make sure freight bills get paid.

The Air-Line Haul Case

In Baxter Bailey & Associates, Inc. v. Air-Line Haul, Inc., Superior Court of California, County of Los Angeles, Case No. 15N15783, the carrier hauled two loads arranged through a broker, Panhandle Fleet Services. The broker got paid, but the carriers never did.

At trial, Baxter Bailey proved that the carrier performed as agreed and that the shipper, Air-Line Haul, remained legally responsible for the freight charges even after paying the broker.

The court cited Oak Harbor Freight Lines v. Sears Roebuck & Co., 513 F.3d 949 (9th Cir. 2008), reaffirming that unless the shipper includes a non-recourse clause or other express waiver, it remains primarily liable for freight charges under the bills of lading.

The result: a judgment for Baxter Bailey totaling $13,401.40, which included:

• $9,500.00 in freight charges
• $2,770.60 in prejudgment interest
• $830.00 in attorney’s fees
• $300.80 in court costs

The TY Nursery Case

That same year, Baxter Bailey won again in Baxter Bailey & Associates, Inc. v. TY Nursery, Superior Court of California, County of San Diego, Case No. 37-2015-00024288.

This case also involved double payment: TY Nursery had paid a broker, but the carrier never received its money. Baxter Bailey stepped in, took the case to trial, and secured a judgment for $26,944.39, consisting of $21,350.00 in unpaid freight charges and $5,594.39 in prejudgment interest.

Two different courts, same principle—the carrier delivered, and the law said the carrier must be paid.

The Law Behind the Victories

Even though these judgments were entered in 2017, the same problem persists today: brokers collecting from shippers but failing to pay the carriers who actually move the freight.

The California courts applied the foundational rule of transportation law:

• A shipper who issues or signs a bill of lading is responsible for freight charges unless it expressly waives liability.
• Payment to a broker does not discharge that obligation.
• Carriers can recover directly from shippers when a broker defaults, provided they can show the load was delivered and the bill of lading identifies the shipper.

These rulings continue to stand as a clear reminder that freight payment liability begins and ends with the party who ordered the transportation.

The Baxter Bailey Approach

At Baxter Bailey & Associates, our mission is simple: make sure carriers get paid for the work they’ve already done. When negotiation fails, we don’t hesitate to go to court.

These California trial victories are proof of that commitment—real cases, real recoveries, and real enforcement of carrier rights.

Whether it’s a $5,000 invoice or a $500,000 portfolio of unpaid freight bills, Baxter Bailey fights to make sure carriers aren’t left financing someone else’s business mistakes.

If You’re Owed Freight Charges, Don’t Wait

Every day that passes after a missed payment makes recovery harder. If a broker isn’t returning calls, that’s your signal to act.

Reach out today for a free account review:
📞 (662) 655-4848
📧 [email protected]
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