“Eric is an exceptional litigator, and his ability to wade through the “noise” associated with litigation to identify the key aspects of the matter at issue and then develop an effective and cost-effective defense strategy and related tactics separates him from 95% of the litigators we engage in other jurisdictions.” – Benesch client
“It’s not easy joining all the dots back to actual law, but of all the people I am lucky enough to work with I know if there is a way, Eric will find it.” – Benesch client
“We appreciate your work on this case and the terrific result you obtained for the company.” – Benesch client
"Eric is a foundational presence in the transportation arena. He is a seasoned litigator who has a deep understanding of businesses and the law." – Benesch client
“Congratulations. You strategically out-foxed opposing counsel and pushed this to resolution. I hope we can work together again in the future.” – Benesch client
Eric is Co-Chair of the firm’s Transportation & Logistics Practice Group and a Vice Chair of the Litigation Group.
Under Eric’s leadership, Benesch was named Law Firm of the Year for 2025, 2023, 2022, 2020, 2017, 2016 and 2014 in the area of Transportation Law by Best Lawyers® “Best Law Firms”. Only one law firm per practice area in the U.S. receives this recognition each year, making this award a particularly significant achievement. For the twelfth consecutive year (2014-2025), Benesch also received a national first-tier ranking in Transportation Law also by Best Lawyers® “Best Law Firms.”
Eric has litigated or arbitrated matters in 31 states, before state and federal trial and appellate courts in various jurisdictions, and before the Surface Transportation Board, the Department of Veterans Affairs, the United States Olympic Committee, the Better Business Bureau, the Federal Maritime Commission and the Court of International Trade.
Over the past 18 years, Eric has taken 37 cases to trial. His record in these cases is 34-3.
In his ligation career, Eric has saved his clients $14.9 billion in potential exposure and risk, through his litigation wins for them.
Eric was recognized as a 2025 “Litigation Star” by Benchmark Litigation.
Eric has advised, consulted with, or litigated on behalf of, over 100 freight intermediaries across the country and the world.
Over the past decade, Eric has been involved in over 50 Transportation & Logistics M&A transactions.
Eric focuses his practice primarily upon commercial litigation, transportation, logistics and e-commerce law consult and litigation, insurance, coverage and bad faith matters, and product liability matters, including medical device defense, consumer product defense and industrial product defense.
Representative Experience
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Represented a national manufacturer in a trio of cases in which the Plaintiffs began a concerted, multi-country effort to assert claims against our clients by alleging claims in Michigan state court and the Ontario Superior Court of Justice for breach of contract, unjust enrichment, tortious interference, and civil conspiracy related to failure to pay an earnout in a Stock Purchase Agreement. Plaintiffs also named the individual directors and officers of our client as defendants. We filed multiple Motions for Summary Disposition for failure to state a claim and lack of personal jurisdiction in Michigan, which the court granted while holding others in abeyance pending the Canadian litigation. We also filed a third lawsuit in Delaware federal court alleging breach of non-competition and non-solicitation covenants. As a result of this strategy by Benesch, the cases were settled with a settlement payment to our clients, despite Plaintiffs initially filing the lawsuit and seeking significant damages.
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Eric Zalud has litigated personal injury, motor vehicle accidents, product liability, premises liability, and fire cases over the last several decades. He has litigated over 100 motor vehicle accident matters and litigated over 50 fatality cases. He has taken numerous of these cases to trial – and to defense verdicts. He has been involved in all aspects of the litigation, from pleadings to dispositive motions, to depositions, to expert witnesses, to many full-blown jury trials. Representative matters include:
- Mary R. Imrie, Estate of Jeremy Imrie v. Greenleaf Motor Express, Inc. (fatality case)
- Randy C. Goldsmith, et al. v. A.J. Weigand, Inc., et al. (premises liability/acid bath)
- Elizabeth Fox, et al. v. Valley Transportation, Inc. (fatality MVA)
- Nikki Puchta, et al. v. Penske Trucking, et al. (MVA with serious injuries)
- Willie Wade Jr., et al. v. Leader National Insurance Co. (MVA including bath faith claim; defense verdict)
- Y.Z. Traylor, et al. v. Trans States Lines, et al., United States District Court, Northern District of Ohio (MVA with serious injuries)
- Jerry W. Hazel, et al. v. Truck One, Inc., et al. (fatality MVA)
- Betty Gold v. Able Transit, Inc., et al. (MVA with serious injuries)
- David Schaffner, et al. v. Buckeye Wrecking & Transfer, Inc., et al. (premises liability)
- Univar USA, Inc. v. M.C. Tank Transport, Inc. (premises liability; hazmat spill)
- Allstate Insurance Co. v. Cargo Transporters, Inc., et al. (MVA with serious injuries)
- Wieslaw Wojtanowicz v. Hinds Trucking, Inc., et al. (MVA with serious injuries)
- Jonathan Colons v. Truly Blessed Trucking (MVA with serious injuries)
- Jesse Escamilla, Special Administrator of the Estate of Telesfora Escamilla, deceased v. Amazon.com, LLC., et al., Cook County Circuit Court of Illinois (fatality MVA)
- Sidney Hill v. Amazon.com, aka Amazon, et al., Philadelphia County Court of Common Pleas (MVA with serious injuries)
- Corey A. Fowler, Administrator for the Estates of Ronald Balzer and Tamara Balzer v. STL Trucking, LLC, et al., St. Louis, Missouri Circuit Court (MVA fatality)
- Sandra Romig, Individually and Executrix of the Estate of Robert L. Romig, Jr. v. Baker Hi-Way Express, Inc., et al. (premises liability; fatality)
- Mutual Ins. Co. of America, et al. v. Royal Appliance MFG., Inc., United States District Court, Eastern District of Michigan (fire case; won on appeal)
- Carmen Cruz v. Western/Scott Fetzer Co., (work place/premises liability; complete dismissal)
- Jack White v. Fibreboard Corp., Knoxville, Tennessee Common Pleas Court (asbestos exposure; defense verdict)
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Represented a global freight forward transportation dispute in the New Jersey Superior Court. After filing, fully briefing, and arguing a motion to dismiss, the Court found that the plaintiff had not stated a claim for which relief may be granted. Accordingly, the judge dismissed the complaint from the bench before the end of the hearing.
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Represented a half-billion-dollar global manufacturing company, in a lawsuit against an Israeli subcontractor who refused to authorize the release of several multimillion-dollar industrial scrubbers, due to a payment dispute. Client needed the equipment to satisfy its contractual obligations to one of its largest global customers, and was under pressure to resolve the dispute quickly. We moved for and successfully obtained a temporary restraining order in a U.S. court, based upon the purchase orders and website terms and conditions between the parties, which included a U.S. choice of forum clause. The order required the Israeli subcontractor to make the equipment available for pickup at its Israeli facility, on a priority basis.
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Represented a nationwide basement waterproofing company in a commercial arbitration proceeding involving allegations of improper use of a trade name, trade logos and slogans, in nationwide advertising. Claimant’s franchises/licensees alleged violations of the Lanham Act, which related to claims, statements, and methods implemented by client in its advertising, and violations of prior settlement agreements between the parties. After two years of discovery and a two-week arbitration hearing, we prevailed on all but one very nominal count.
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Represented a New York-based ocean and air freight intermediary in two related actions against an international steamship line. During the height of the 2021 COVID-19 pandemic, the Line improperly in-gated five shipping containers owned by our client’s customer into its terminal. Despite our client’s attempts to reclaim the shipping containers, the Line continued to use the shipping containers in its own business for several years, in derogation of our client’s superior ownership rights. Ultimately, we filed a complaint for conversion in the United States District Court -Southern District of New York, and a companion action at the Federal Maritime Commission for damages related to the Line’s alleged violations of the Shipping Act. We successfully defended against motions to dismiss in both forums and litigated both actions through numerous motions, counterclaims, third-party pleading practice, and administrative proceedings. Ultimately, the parties were able to resolve these related disputes in a favorable global settlement.
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Represented a state university in an alleged hazing fraternity lawsuit. Three days before the trial was to begin, the Court entered summary judgment in favor of our client. The case stemmed from the death of an 18-year-old freshman at the University. The student had been suspended from pledging the fraternity while under criminal investigation. During that suspension, he died off campus while inhaling nitrous oxide canisters. The court set new precedent regarding the state’s hazing statute’s affirmative defense. It also newly established that universities will not be liable under negligence theories if, despite diligent efforts, a student gets hazed. It vindicated our client’s employees, who were unfairly maligned in the public eye.
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Represented an industrial colorant manufacturer, Chroma Color Corporation, in connection with an insurance coverage dispute in the Western District of Wisconsin. The dispute arose after our client was sued in connection with alleged deficiencies in its ultraviolet protection products. The plaintiff used these products in molded parking lot light post bases and traffic bollards at large gas station chains. The plaintiff’s endgame was to seek damages in connection with every product installed at every single gas station with which it had a contract. Had the Court agreed with that theory, the damages figure would have reached eight figures in potential exposure.
Three insurers sought to extricate from defending our client in the underlying suit, and a number of cross-pleadings and amended cross-pleadings were filed as a result. After more than a year of active litigation on both the merits and on coverage, a testy and unsuccessful mediation, and a long stretch of dispositive briefing, we won summary judgment on coverage. Specifically, the Court found that the applicable insurance documents conferred coverage and also adopted our position that the insurers always had a duty to defend in the underlying litigation.
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Represented Cargill, Inc., a multi-billion-dollar food products processor and manufacturer, in a motor vehicle accident case pending in Cook County, Illinois. First, we succeeded in obtaining summary judgment on all of the plaintiff’s vicarious liability claims in a court long known as plaintiff friendly. The plaintiff filed a motion to reconsider that dismissal and a motion to amend the complaint to include direct negligence claims against Cargill for the loading of the cargo. We opposed the plaintiff’s motions, and the judge agreed, drafting a thoughtful written order denying plaintiffs’ motions in their entirety. Not only was this a huge win for Cargill, but it was also a win for the nation’s third-party logistics industry and manufacturers such as Cargill across the country.
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Represented C.A.T. Transport, Inc., a Canadian-based transportation provider focused on extensive and elaborate cross-border motor carrier transportation, in successfully managing the dismissal of over 20 lawsuits from a hundred-vehicle pileup in Texas.
