News & Analysis as of

Motor Carriers

Amundsen Davis LLC

A Year With Mallory: Revisiting The Concept of Consenting to General Personal Jurisdiction

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On June 27, 2023, Truck on highwaythe Supreme Court of the United States decided Mallory v. Norfolk Southern Railway Co., 600 U.S. 122 (2023). The divided Court upheld a Pennsylvania corporate registration statute which...more

Roetzel & Andress

New Scam Targeting Motor Carriers

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Consistent with an uptick in fraud in the trucking industry, a new scam email started making its rounds to motor carriers the week of July 29, 2024. The email, appearing to be from the Federal Motor Carrier Safety...more

Rodemer Kane Attorneys at Law

Colorado Springs Personal Injury Lawyer Explains Semi Truck Laws and Truck Driver Rights

Colorado's scenic highways and bustling urban centers are home to a constant flow of commercial truck traffic. With this heavy presence of large vehicles comes the need for robust laws and regulations to ensure safety for all...more

Benesch

A Broker Nuclear Verdict Reversal! (And a Very Good Year [In the Courts] for Brokers)

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Suffice it to say that the past year has been a very good year for brokers; in the courts, that is! While there have been several very favorable preemption decisions across the country, the preemption doctrine is not...more

Benesch

Motor Carrier Safety Department - Why You Need One and How To Improve Yours

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For-hire and private motor carriers face unique compliance and operations challenges that many other business or company functions do not encounter. Operating commercial motor vehicles (CMVs) for your business, or as your...more

Benesch

Staying in Your Lane on Vehicular Accident Liability

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Accidents on the roadways are an unfortunate reality in the transportation business.  Any carrier that has been in the business long enough, or that has reached a sizeable scale, experiences accidents despite a zealous...more

BakerHostetler

5th Circuit: Motor Carrier Act Applies to Intrastate Transport of Goods in the Flow of Interstate Commerce

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The Fair Labor Standards Act (FLSA) requires that employers pay certain employees one-and-a-half times their regular rate of pay for any hours they work over 40 in a workweek. There are, however, several exemptions from the...more

Amundsen Davis LLC

Motor Carriers Beware: Department of Labor Revises Classification of Independent Contractors Under Fair Labor Standards Act

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On January 10, 2024 the U.S. Department of Labor (DOL) published a final rule (29 CFR 795) revising the DOL’s guidance on how to analyze who is an employee or independent contractor under the Fair Labor Standards Act (FLSA)....more

Benesch

International Roadcheck Is Coming Soon

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The Commercial Vehicle Safety Alliance’s (CVSA) International Roadcheck (Roadcheck) is scheduled for May 14-16, 2024. Roadcheck is an annual high-visibility, high-volume commercial motor vehicle inspection and regulatory...more

Fox Rothschild LLP

In 2024, The Need To Take Pot Across State Lines Is Not A Crime But A Necessary Prerequisite For Application Of the Motor Carrier...

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In the movie “Blow,” Johnny Depp complains to the Judge about to sentence him for interstate transportation of marijuana that all he did was take some vegetation across an imaginary line. The Judge did not listen. In a...more

Benesch

Document Retention for Motor Carriers and Transportation Brokers

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Transportation services providers are increasingly facing new technology-oriented threats in day-to-day business. Recent cyberattacks and the potential for serious disruption from threat actors have drawn the attention of the...more

Fox Rothschild LLP

Interstate Commerce And The Motor Carrier Exemption: The Doctrine Of Practical Continuity

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I am a big student of the FLSA motor carrier exemption and have handled many such cases. I often find that a big obstacle for the employer claiming the exemption is to prove that the drivers are engaged in “interstate...more

Benesch

Ejected! California District Court Dismisses Trucking Industry’s New AB5 Challenge

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As March Madness gets underway, a California federal judge has called a flagrant foul and ejected the trucking industry from its ongoing battle to challenge Assembly Bill No. 5 (“AB5”)....more

Benesch

Transportation Brokering, Double Brokering, Co-Brokering, Interchange, and Interlining - Legal Rules in the Era of Fraud

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Double brokering has emerged as a hot topic in this era of supply chain fraud, hostage loads, and cargo theft. The term “double brokerage” is used sweepingly as a reference to a wide range of operational practices where the...more

Weber Gallagher Simpson Stapleton Fires &...

The Mystery of the MCS-90

The “Endorsement for Motor Carrier Policies of Insurance for Public Liability”—thankfully shortened to “MCS-90”—is something of a mysterious figure in transportation litigation. The MCS-90 has its roots in the minimum...more

Sheppard Mullin Richter & Hampton LLP

California Courts Clarify the Interpretation of the MCPPA

The Motor Carrier of Property Permit Act (the “MCPPA”) sets forth insurance requirements for commercial motor carriers in California. There is a dearth of legal authority interpreting the MCPPA, which was adopted in 1996....more

Chartwell Law

The Chartwell Chronicles: Trucking

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In Episode 27 of The Chartwell Chronicles, hosts Colin Davis and Brittany Atkinson are joined by special guest Garner Berry from our Ridgeland, MS office to discuss trucking claims. Colin, Brittany, and Garner cover a variety...more

The Volkov Law Group

Biden Administration Issues New Guidance for Freight Forwarders

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New guidance from the Biden Administration mandates that freight forwarders are responsible for complying with trade sanctions and export compliance. On December 11, 2023, the Biden Administration released a 10-page sanctions...more

Benesch

Welcome to the Party: California to Require ELDs for Intrastate Drivers

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Beginning January 1, 2024, California intrastate motor carriers and drivers will be required to use an electronic logging device (“ELD”) as generally required by the federal ELD regulations adopted under 49 CFR § 395, Subpart...more

Kennedys

Duties in the absence of defense or indemnity obligations – A closer look at the MCS-90 endorsement and the inconsistencies in...

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Federal law obligates all motor carriers participating in the transportation of property in interstate commerce for hire to show proof that they have the financial ability to cover any damage they cause to the public. One way...more

Benesch

Movin’ On Up: FMCSA’s New Safety Fitness Determinations

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UPDATE: As of October 23, 2023, the FMCSA extended the comment period by 30 days to November 29, 2023. The Federal Motor Carrier Safety Administration (“FMCSA”) published an advanced notice of proposed rulemaking...more

Benesch

Movin' On Up: FMCSA’s New Safety Fitness Determinations

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The Federal Motor Carrier Safety Administration (“FMCSA”) published an advanced notice of proposed rulemaking (“APRNM”) and request for comment on Thursday, August 29, 2023, in efforts to fulfill the Motor Carrier Safety Act...more

Benesch

Carmack Amendment Liability: Reminder of the Basic Legal Principles

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We regularly receive questions about motor carrier liability under the Carmack Amendment. This standard has been ubiquitous with interstate motor carriage since its enactment in 1906. Still, misunderstandings abound and can...more

Benesch

InterConnect Newsletter - Summer 2023

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Air carrier liability has been governed by international convention nearly since the inception of the technology. In 1903, the Wright Brothers infamously conducted powered flight at Kitty Hawk. In 1919, the first reported...more

Benesch

Diagnosis: Whiplash! The FMCSA’s Meal and Rest Break Waiver Proposal

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Providers and commercial users of transportation services necessarily rely upon the predictability and uniformity afforded by national laws and regulations to support the efficient and reliable supply chains that are so...more

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