General Information
Practice Areas: Interstate Commerce Litigation; Transportation; Commercial Litigation; Shareholder Rights; Unfair Trade.
Law School: Villanova University, J.D., 1979
College: Cornell University, B.A., 1976
Direct Line: 215.609.1112
E-Mail: pkeenan@freightlaw.net
Background
Before forming Keenan Cohen & Howard P.C., Mr. Keenan was a shareholder with one of the largest law firms in the country, and has over 30 years of experience with interstate commerce, transportation and business litigation issues. Mr. Keenan has written numerous published articles on transportation matters, and has served as lead trial counsel on cases addressing a number of substantive issues of first impression, including issues of interstate commerce, transportation logistics, unfair trade practice, international letters of credit, and transportation contracts.
Mr. Keenan has given presentations to transportation industry groups across the country, including the Motor Carriers General Counsel Forum, and various rail and motor carrier industry groups. He is the former chairman of the National Conference of Freight Counsel, has served two terms on the Executive Committee of the Transportation Lawyers Association, and has successfully represented shippers, motor carriers, rail carriers, and logistics companies in transportation cases before state and federal courts across the country
Admitted to BAR
Commonwealth of Pennsylvania
U.S. District Court, Eastern District of Pennsylvania
U.S. District Court, District of Nebraska
U.S. District Court, Eastern District of Michigan
U.S. District Court, District of Colorado
U.S. District Court, Eastern District of Texas
U.S. District Court, Southern District of Indiana
United States Court of Appeals, Third Circuit
United States Court of Appeals, Fourth Circuit
United States Court of Appeals, Fifth Circuit
United States Court of Appeals, Sixth Circuit
United States Court of Appeals, Ninth Circuit
United States Court of Appeals, Eleventh Circuit
United States Supreme Court
Representative Engagements
• Kansas City Fire and Marine Insurance Co. and Circle V Transportation Co. v. Consolidated Rail Corporation and Union Pacific Railroad Co., 80 F. Supp. 2d 447 (E.D. Pa. 1999), successful in persuading the court to apply a tariff’s limitation of liability to a multi-million dollar freight claim, despite claims of ambiguity, deviation, and nullified tariffs. Court held that the limitation was applicable to claims by both the shipper and the beneficial owner of freight.
• Fiber-Lite Corporation v. Molded Acoustical Products of Easton, Inc., 186 B.R. 603 (E.D. Pa. 1994), successfully convinced U.S. District Court in a case of first impression to hold that corporation which purchased assets of bankrupt debtor was a “mere continuation” of bankrupt debtor, and therefore fully liable for debts of bankrupt corporation.
• Robert Burton Associates v. Preston Trucking Co., 149 F.3d 218 (3d Cir. 1998); successful in convincing the U.S. Court of Appeals to modify the measure of damages in freight claims against carriers to replacement value instead of market value.
• S & H Hardware and Supply Co. v. Yellow Transportation Co., 432 F.3d 550 (3d Cir. 2005) successful in having the Court of Appeals enforce the terms of the bill of lading and deny a one million dollar freight claim.
• American Rock Salt Company LLC v. Norfolk Southern Radway Company 387 F.Supp.zd 197 (W.D.N.Y. 2005), successfully convinced the U.S. District Court to enforce liability limiting provisions of the Interstate Commerce Act that were incorporated by reference into an exempt rail transportation contract.
• Consolidated Rail Corporation v. Primary Industries Corporation, 868 F. Supp 566 (S.D. N.Y. 1994), successful in having multimillion dollar freight claim dismissed, and having judgment entered for $5,136,082 in freight charges, pursuant to the Carmack Amendment to The Interstate Commerce Act.
• American Cyanamid v. New Penn Motor Express, 979 F.2d 310 (3d Cir. 1992); successful in convincing the Court of Appeals to limit a carrier’s liability to $2,084 on a $908,000 freight loss claim based upon a limitation of liability in the bill of lading, despite the shipper’s claim that the carrier had intentionally deviated from the terms of the bill of lading.
• In Re Bergman, 103 B.R. 660 (Bankr. E.D. Pa. 1989), a case of first impression in which two individuals were held liable for freight revenue that was due and owing to various railroads from companies that the individuals owned and operated. The individuals’ debt was also held to be non-dischargeable in bankruptcy, and assets sheltered in corporate accounts were eventually seized to satisfy the judgment.
• American Road Service Company v. Consolidated Rail Corporation, F.3d (6th Cir. 2003) successful in convincing the Court of Appeals to enforce a limitation of liability on a bill of lading issued in Italy to an inland rail carrier in Detroit, Michigan.
• Served as an arbitrator in connection with cross-border motor carrier freight claim issues before the U.S. District Court in Texas.
• Engaged as special counsel to the Association of American Railroads in connection with proposed UN treaty governing international transportation of freight
Personal
Mr. Keenan is married with four children and two grandchildren. He is active in various bar and transportation law associations, and has been involved with several local charities.
