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Detention charged while the port was closed: the $510 TCW v. Evergreen case

How one trucking company disputed detention charged while the Port of Savannah was closed, and what the FMC and the courts decided.

TCW is a trucking company. It received a $1,490 detention bill from Evergreen. $510 of that bill covered May 23 to 25, 2020, when the Port of Savannah was closed for Memorial Day.

TCW took the $510 for the closed days to the FMC. The case went on for years. In April 2026, a federal appeals court upheld the FMC.

What TCW did

TCW paid the bill. Then it filed a small claim with the Federal Maritime Commission (FMC), and it won.

How the case moved

  • December 2022. The full FMC agreed with the decision.
  • July 2024. The D.C. Circuit, a federal appeals court, sent the case back to the FMC.
  • After that. The FMC held its position.
  • April 2026. The D.C. Circuit unanimously upheld the FMC.

What this case shows, and what it does not

The case shows what was decided for TCW, on TCW's facts: detention charged for the days the Port of Savannah was closed. The FMC sided with TCW, and the court upheld the FMC.

It does not decide what will happen with any other bill. Every bill has its own dates, its own terms and its own records. A closed day on your bill is a reason to look closely, not a promise of a result.

Why truckers should know this case

TCW is a trucking company, and the bill was a detention bill. Many drayage companies pay per diem and detention bills like it.

Truckers can be billed for these charges. The FMC rule section that limited who could be billed (46 CFR 541.4) was struck down in September 2025 and removed on December 29, 2025.

Paying a bill does not always close it. TCW paid first and still brought its claim. Under an FMC rule published September 1, 2026, charge complaints about charges assessed on or after June 16, 2022 have no statute of limitations. That covers importers, exporters, forwarders and truckers.

What to check on your own bill

  • 1. Closed days. Mark any billed day when the terminal gate was closed.
  • 2. No appointment days. Mark any billed day when no return appointment was available, and keep the screenshots.
  • 3. The invoice date. An invoice must be issued within 30 days after the charge was last incurred, or it does not have to be paid (46 CFR 541.7).
  • 4. The required details. If a required detail is missing, the obligation to pay that charge is eliminated (46 CFR 541.5 and 541.6).
  • 5. The dispute window. You have 30 days to dispute, and the billing party must try to resolve it within 30 days (46 CFR 541.8).
  • 6. The records. Keep gate records, closure notices and appointment screenshots for each container.

Want a second look?

If a per diem or detention bill includes days the gate was closed, send it with your gate records. I will check every line and tell you what I find, including when a charge is fair.

Related: The per diem bill checklist (PDF)

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This article is a plain summary of a published case and published rules, not legal advice.