Potential for Vicarious Liability Under the Graves Amendment

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The Graves Amendment is a federal statute that has traditionally shielded commercial motor vehicle leasing companies from most claims of vicarious liability. In August 2014, however, a New York court determined that a leasing company was not protected by the Graves Amendment where the lessor and lessee companies were owned by the same parent company. Following this decision, the transportation industry is starting to see several other courts follow and apply the reasoning of the New York court. See more +
The Graves Amendment is a federal statute that has traditionally shielded commercial motor vehicle leasing companies from most claims of vicarious liability. In August 2014, however, a New York court determined that a leasing company was not protected by the Graves Amendment where the lessor and lessee companies were owned by the same parent company. Following this decision, the transportation industry is starting to see several other courts follow and apply the reasoning of the New York court.

In this video, McNees Transportation, Distribution and Logistics attorney Jim Franklin explains this case and what it may mean for the transportation industry.

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