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Preemption › Brokers

Troutman Pepper

EDVA Judge Dismisses Negligence and Bailment Claims for Damage to Property Stored in Warehouse

Troutman Pepper on

Parties involved in contract disputes often desire to avoid contractual limitations on recovery, fostering creative attempts to transform breach of contract claims into tort or other noncontractual causes of action. Such...more

Benesch

Two Out Of Three Ain’t Bad: The Seventh Circuit Enters a Huge Win for the Freight Brokerage Industry

Benesch on

The freight brokerage industry began humming Meat Loaf’s 1977 power ballad earlier today when the U.S. Court of Appeals for the Seventh Circuit became the third federal appellate court to consider the extent to which...more

Holland & Knight LLP

11th Circuit Rules Negligence Claim Against Broker Preempted, Creating Circuit Split

Holland & Knight LLP on

Freight brokers are often sued for negligence when there is cargo damage or personal injury involving a motor carrier hired by the broker. Personal injury claims in particular can involve damages in the tens and hundreds of...more

Mayer Brown Free Writings + Perspectives

A New Federal Exemption from Broker Registration for Qualifying M&A Brokers Became Effective on March 29, 2023 (Prior SEC...

Mayer Brown Free Writings + Perspectives on

Although the New Federal Exemption Is Generally Aligned with the SEC’s 2014 No-Action Relief, There Are Some Notable Differences. Moreover, State Law Registration Requirements for M&A Brokers Are Not Preempted. ...more

Benesch

In Anticipation of Preemption: The U.S. Supreme Court Speaks (Sort Of...)

Benesch on

The transportation and logistics industry has been widely anticipating a decision from the U.S. Supreme Court as to whether or not it will accept for review two very significant cases involving the scope of the Federal...more

Benesch

Federal Preemption, Brokers and Cargo Claims - A Primer and Update

Benesch on

U.S. Constitution - Article VI: This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall...more

Benesch

InterConnect - Fall 2018

Benesch on

“It Was A Very Good Year” (For Freight Brokers) - Frank Sinatra certainly was not thinking about freight brokers when singing this Grammy-winning song back in 1966. However, the title of the song definitely resonates for...more

Patterson Belknap Webb & Tyler LLP

Major Section 546(c) Safe Harbor Issue Resolved by the Supreme Court

Patterson Belknap Webb & Tyler LLP on

Our post last year concerning “[t]he long-running litigation spawned by the leveraged buyout of Tribune Company . . . and the subsequent bankruptcy case” described a case--FTI v. Merit--that was then pending in the Supreme...more

Sands Anderson PC

New Avenue for Motor Carriers and Brokers to Remove Cases to Federal Court

Sands Anderson PC on

Earlier this year in Desiree Luccio and Reed Frerichs v. UPS Co., the Southern District of Florida brought good news for motor carriers and brokers. This case involved UPS’ intrastate transportation of frozen embryos. The...more

Epstein Becker & Green

Ban on Mandatory Employment Arbitration Agreements Passed by California Legislature

Epstein Becker & Green on

On August 27, 2015, the California Legislature passed AB 465, a bill that would make mandatory agreements to arbitrate employment disputes illegal in the state. Governor Jerry Brown has until October 11, 2015, to sign...more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Holds that Federal Securities Laws Preempt California Labor Code's Ban on Forced Patronage at Brokerage Firms

Sheppard Mullin Richter & Hampton LLP on

In McDaniel v. Wells Fargo Investments, LLC, Nos. 11-17017, 11-55859, 11-55943, 11-55958, 2013 WL 1405949 (9th Cir. Apr. 9, 2013), the United States Court of Appeals for the Ninth Circuit affirmed the dismissal of four class...more

Allen Matkins

Ninth Circuit Holds Private Company Rules Preempt California Law

Allen Matkins on

California Labor Code Section 450(a) forbids employers from coercing the patronage of their employees: It provides...more

Dechert LLP

The United States Supreme Court Will Review the Scope of Federal Preclusion of State Securities Claims

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On January 18, 2013, the United States Supreme Court granted certiorari to resolve a circuit split concerning the extent to which the Securities Litigation Uniform Standards Act of 1998 (“SLUSA”) preempts state law claims...more

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