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C.
Fredric
Marcinak
III
Mr. Marcinak practices in the firm's Transportation Industry Group, where he represents transportation companies in tort actions and on cargo loss claims and works with insurance carriers on complex coverage matters. In addition, Mr. Marcinak handles commercial and business litigation for transportation companies and their insurers, including collections actions, tariff and contract disputes, and independent contractor leasing issues. Mr. Marcinak has tried multiple cases to verdicts before juries and has successfully obtained summary judgment and handled appeals for transportation clients.
Mr. Marcinak is a native of Walhalla, South Carolina and resides in Spartanburg County with his wife and two children.
Education
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J.D., magna cum laude, University of South Carolina School of Law, 2005
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LL.M., International Criminal Law, with Distinction, University of Sussex, 2002
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B.A., History, summa cum laude, The Citadel - The Military College of South Carolina, 2001
Admissions
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South Carolina, 2005
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North Carolina, 2008
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United States Court of Appeals, Fourth Circuit, 2005
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United States District Court, District of South Carolina, 2006
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United States District Court, Western District of North Carolina, 2008
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
Achievements
- South Carolina Super Lawyers, Rising Stars Edition, Listed Transportation/Maritime (2012, 2013)
Professional Memberships
- Transportation Lawyers Association
- Conference of Freight Counsel
- Specialized Carriers & Rigging Association
Civic and Community Service
- Woodruff Road Presbyterian Church, Greenville, South Carolina
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
Publications
- "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
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