What happened?
The D.C. Circuit upheld the FMC's decision involving detention fees assessed during a three-day port closure. The ruling reinforces the principle that detention and demurrage practices must be connected to moving freight, not simply billing calendar days.
Why shippers should care now
Peak-season disruptions, terminal closures, appointment scarcity, and chassis shortages can all create situations where a fee appears on an invoice even though the shipper had limited control.
| Billing issue | Evidence to keep |
|---|---|
| Terminal closure | Port notices and appointment records |
| No equipment access | Screenshots, EDI events, carrier messages |
| Delayed return | Empty return instructions and timestamps |
| Dispute timing | Invoice date and protest submission proof |
What to do
- Save terminal and carrier notices when disruption begins.
- Match detention invoices against actual pickup and return availability.
- Build a fee-dispute checklist before Q4 volume rises.
- Escalate repeated billing patterns with documented facts, not just frustration.