News & Analysis as of

Trucking Industry

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

by 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

EEOC Ordered To Pay $1.9 Million For Frivolous Claims Against Trucking Company

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In the latest chapter of the ongoing legal battle between the EEOC and delivery company CRST Van Expedited regarding the agency’s sexual harassment claims, a federal district court ordered the EEOC to pay...more

Mr. Martinez (Maybe) Goes to Washington: NJ Chief Administrator to be Appointed by President Trump

by Genova Burns LLC on

Raymond Martinez, the current Chair and Chief Administrator of the New Jersey Motor Vehicle Commission (“MVC”), is to be appointed by President Trump as the next Administrator of the Federal Motor Carrier Safety...more

Autonomous Commercial Vehicles Closer to Hitting the Road After New Developments

by Holland & Knight LLP on

• The release of new federal guidance on autonomous vehicles, as well as the recent consideration of federal autonomous vehicle legislation in Congress, increases the likelihood that the introduction of autonomous commercial...more

Auto 2.0 Is More Than Just About the Automobile – From Shuttles to Logistics and More

by Foley & Lardner LLP on

The introduction of near autonomous vehicles to public roadways is set to completely revolutionize the way humans and goods navigate cityscapes in the coming years. Although Tesla’s autopilot feature has become the early...more

InterConnect Newsletter - Summer 2017

by Benesch on

The removal of CSA scores from public view may not eliminate the ability for an injured party to sue based on the negligent selection of a motor carrier, but it changes the analysis. The FMCSA still allows public access to...more

The Practical NLRB Advisor Issue 6 Summer 2017

XYZ Logistics has certainly had its share of labor troubles lately. Its truck drivers have been represented by the Teamsters for decades, and it has been bargaining a new union contract for what seems like forever. The...more

The Hub: Transportation News & Insights - September 2017

by Wilson Elser on

Distracted Driving: Not the End of the Road - As a claims professional or attorney, never jump to conclusions when you learn about a distracted driver claim. As the facts surrounding the accident begin to develop,...more

InterConnect FLASH! No. 63 - Employee v. IC: Dual Role of Agent and Small Fleet Owner

by Benesch on

The ‘Agent Model’ is commonly used by motor carriers operating with independent contractors (“ICs”) to increase capacity in various markets. The model allows the motor carrier to align certain increased costs; e.g., sales,...more

Motor Carriers Get Small Reprieve in Electronic Logging Device Implementation

by Holland & Knight LLP on

Trucking companies will receive a small reprieve when it comes to implementation of the Federal Motor Carrier Safety Administration's (FMCSA) electronic logging device (ELD) rule that takes effect on Dec. 18, 2017. The rule,...more

The Alarming New Trend of Truck Safety Regulation Reversals

by Howard Ankin on

A recent trend of trucking regulations reversals has raised caused alarm among safety advocates. The rollbacks, which began at the first part of the year, successfully blocked safety regulations passed by the previous...more

Buckle Up: Autonomous Commercial Vehicles are Coming to a Road Near You

by Holland & Knight LLP on

While most of the buzz about autonomous vehicles involves passenger vehicles, autonomous trucks soon will become a reality, too. Large driverless trucks! Although it sounds implausible, and perhaps frightening to some, it...more

A Blogster's Miscellany: From Flatterers to Casino Boozing to Angus vs. Scottie

by PretiFlaherty on

Kissing Not Welcome in this Room. Here’s another reason to like Tackey Chan, the Quincy rep just appointed House chair of the Joint Committee on Consumer Protection and Professional Licensure: he does not like to be...more

What You Need to Know about Truck Accidents in California

Being involved in a truck accident in Woodland Hills can be devastating. Severe spinal cord injuries, permanent disability, lost wages, and even death are common results. A truck accident doesn’t just change the life of the...more

USDOT Proposals May Help Reduce the Shortage of Drivers by Making it Easier to Obtain a Commercial Driver's License

by Holland & Knight LLP on

It is common knowledge that a shortage of qualified drivers is a chronic problem in the trucking industry. For instance, the American Trucking Associations (ATA) has estimated that there are 48,000 open jobs in the...more

First Circuit Finds FAA Applicability A Question For Court And Holds FAA Exemption Applicable To Independent-Contractor...

by Carlton Fields on

The case presented two issues to the court: 1) whether a court must determine the applicability of the FAA to the case when asked to compel arbitration, where parties delegated questions of arbitrability to the arbitrator;...more

Supreme Court's Refusal Keeps Electronic Logging Device Rule on Track

by Holland & Knight LLP on

In an earlier article (see Holland & Knight's alert, "Is There an Opening to Withdraw or Modify Electronic Logging Device Rule?," Jan. 13, 2017), we described the controversial final Electronic Logging Device (ELD) rule,...more

First Circuit Applies FAA Transportation Worker Exception to Independent Contractors

The First Circuit Court of Appeals, in a case of first impression, recently issued an important ruling that will have a major impact on transportation companies using arbitration agreements in the states and territories...more

First Circuit Finds Class of Independent Truckers Excluded From Federal Arbitration Act

The Federal Arbitration Act has been in effect for nearly 100 years (92, to be precise). Nevertheless, the First Circuit found two issues of first impression to address this month. In Oliveira v. New Prime, Inc., 2017 WL...more

New Jersey Appellate Division Declines to Find Section 301 Pre-Emption of Discrimination and Retaliation Claims

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The New Jersey Appellate Division reinstated plaintiff’s state law discrimination and retaliation claims, finding the claims were not pre-empted by Section 301 of the LMRA....more

InterConnect FLASH! No. 61 - Regardless of Status (Broker/Motor Carrier): Contract & Control Still Matter

by Benesch on

Courts continue to review the circumstances surrounding the degree of control exercised over transportation service providers. This has held true in several different segments of the transportation industry whether it is home...more

6 of One, Half a Dozen of the Other: 10th Circuit Rules Quid Pro Quo and Hostile Work Environment Harassment Theories Aren’t So...

Quid pro quo and hostile environment sex harassment claims—two totally different claims—right? Or are they? While employers draw strict distinctions between these types of sex harassment, courts may not go along, as...more

North Carolina Legislative Update - May, 2017 #3

by Brooks Pierce on

This week at the General Assembly the Senate focused on moving legislation through committees while House Budget leaders focused on the budget bill (S 257). House leaders have indicated they hope to hold votes on the budget...more

Seventh Circuit Blazes Truck Driver’s Failure to Hire Claims

by Seyfarth Shaw LLP on

Synopsis: The Seventh Circuit affirmed a summary judgment decision in favor of the employer on the plaintiff’s race discrimination and civil conspiracy claims where the employer did not hire the plaintiff after the plaintiff...more

Are New On-Highway, Heavy-Duty Diesel NOx Standards Down the Road?

by Latham & Watkins LLP on

The heavy-duty industry should monitor California developments - Key Points: ..The Obama EPA initiated new rulemaking to further reduce NOx emissions from on-highway, heavy-duty diesel engines and vehicles. ..The...more

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