OMAHA, Neb. — A Singapore-based shipping firm, Ocean Network Express, is suing Union Pacific over the thefts of packages it says were stolen from UP trains during a widely reported series of break-ins to intermodal trains in Los Angeles.
The Omaha World Herald reports ONE has filed suit over the theft of $166,000 worth of an amino acid, L-arginine, moving from St. Louis to Shanghai, China, and over 360 pieces of solar panels valued at $16,000 en route from China to Salt Lake City.
The breach-of-contract suit in Nebraska District Court addresses only a fraction of more than $5 million in thefts and other losses reported by UP in 2021. Thefts from container trains in the LA area were widely publicized after photos circulated of an area along UP’s tracks strewn with discarded packaging from stolen items; California Gov. Gavin Newsom eventually visited the site and helped with cleanup while announcing state funding to combat the issue [see “California governor visits site of train thefts …,” Trains News Wire, Jan. 21, 2022].
UP told the newspaper it was aware of the suit “and still reviewing the information.” It has not yet filed a response.
Daryl is correct. These criminals are back out in hours. DA’s are not prosecuting and it goes just beyond the railroads. As mentioned earlier drug stores pulled out of SF. In some areas people ignore police on routine traffic stops as there are no pursuit policies. Where the criminal runs free with little consequence crime will continue to increase.
Charles P. UP Special Agents will tell you that the bad guys are not out there the next day, but they are back out breaking into containers within hours of being arrested.
How about going “retro” and place a “crummy” in the consist of certain trains in certain corridors, with a RR Special Agent on board? A favorite saying among LEO’s is: “You can’t outrun Motorola”. Option #2, banks use “dye packs” in an attempt to thwart robberies. Find a way to attach locked, reusable “dye packs” to the container doors.
When you catch the thieves where are you going to put them? LA County’s jail have been dangerously overcrowded for decades, even after spending 100’s of millions on a new jail. And add to that the state of California is just as bad. Dump them in the federal system (interstate cargo theft is a federal crime) to add to the federal deficit?
One solution place good quality locks on cargo containers not foil seals or bolt seals easily broken with the right tools. All the years on the road as a driver I never had a problem with cargo theft. On the road or dock. Just pay attention to the details.
Just so we all have this straight. Someone steals goods which are in your possession. So what does the modern lawyer? Sue the person or company from whom they were stolen. Really?
It is, of course, true, that there is a duty of care involved — which, I imagine, is where the lawyers are coming from. But it is only a reasonable duty, and I at least don’t see how that has been breached here. Yes, the railroad could increase security, but there are very strict limits on what a private individual (or company) is permitted to do in that regard. Back in the bad old days there was a chap riding shotgun on the stagecoach. That didn’t mean he was in the right hand seat; that meant he was holding a Winchester, fully loaded. It usually worked, but you can’t do that any more — in some jurisdictions you can’t even do that in self defense, never mind in defense of you goods or your premises.
It’s called plea bargaining been going on for decades even when crime rates were higher in the 60’s through the 80’s to keep the system from crashing. Crime rates have actually been declining since the 90’s due to aging of the population boom its just a hot button topic currently. Many judges just as often sentence less than the prosecution are requesting that’s why most crime is committed by a small group of recidivists. Since the losses are probably covered by insurance UP doesn’t feel its worth the security technology benefits (yet).
Why does the shipper even have to sue? UP will end up spending twice as much and still probably loose. Is PSR motivating the demand for profits this much?
Canadian Pacific has Montreal, Mexico, Searsport, Saint John and Vancouver. Canadian National has Prince Rupert, CN needs two locomotives to cross the Rockies, UP 6. The Americans need to focus
As with anyone you do all you can to prevent or discourage crime I don’t leave the doors to my house or garage open when away, I don’t leave the keys in the ignition of my unlocked car. People pay big money for home security monitoring the best way to reduce crime is eliminate the opportunity. RR’s have BIG $$$ for security consultants & technology but their to cheap to spend it. Again the public expected to subsidize the Corp’s so they don’t have to use any of their bazillions of $$$ their saving for their stockholders.
If the UP invested in hiring more security officers and caught the crooks, they still have to turn them over to the government authority for prosecution. If the prosecutor lets them out with a slap on the wrist, they are back at it the next day.
Galen: then why am I paying property taxes on my business and real estate property, if law enforcement abdicates responsiblity? We are flushing money down a toilet, if we cannot depend on government to enforce government laws. I think UP should move out of LA and I am a stock holder. Mayor Guilliani clean up New York with his “no more broken windows” campaign. Petty crime grows to even worse things. But, just my opionion.
Railroad (private) property = Railroads responsibility for security.
Railroads don’t prosecute crime. Prosecutors do. Or in California, prosecutors don’t.
California voters have voted for prosecutors who have decriminalized crime. The rest of the country would be far better off if California seceeded.
Charles…a misdemeanor theft crime in California is $950 or less, compare that to the state of Georgia, in which the threshold for a felony charge of theft is $1500. You should really get your facts straight before putting pen to paper…it’s not about decriminalizing crime and more about doling out the correct punishment, or getting help for those that need it(like those with mental health problems or putting drug addicts in rehab instead of jail). The real question isn’t about prosecution of criminals…it’s didn’t the shipper file claims with the Union Pacific for loss of property? The railroads are self-insured and have policies and procedures in place for loss of goods…follow the policies and procedures before suing.
Charles, these look the other prosecutors are in more urban counties, than just CA. E.g. St Louis, Philadelphia, New York, Seattle, etc. And, from the “things have to get worse, in order for people to wake up and see how bad things have gone department”, San Francisco voters decisively recalled their DA.
And Gerald, is correct. CA thieves are not stupid. They know enough to not steal > c. $950 misdemeanor ceiling. In fact many are seen with calculators in hand while “shopping” so that they will not have to be detained upon leaving the store. This is the main reason most drug stores closed in San Francisco in the past two years. Too bad they were not reared correctly to apply their limited skills to constructive activities.