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Trucking Industry Transportation Industry

Goldberg Segalla

Rise of Transportation Contractors Leading to Complex Coverage Litigation

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The post-Covid influence over the “gig economy” has led to an expansion of self-employed or by-the-job employed individuals in the delivery and transportation industry. CDL jobs have proven they are not immune to this...more

Benesch

Hazardous Materials Regulations: A Regulatory Primer

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Over one million shipments of hazardous materials reportedly travel in U.S. commerce every single day.  A common misunderstanding is the nature of hazardous materials—they are more commonplace than you think!...more

Benesch

California Regulators Roll Out Aggressive Framework To Further Freeze Out Carbon Emissions in Refrigerated Transportation

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On May 22, 2024, the California Air Resources Board (CARB) unveiled a high-level framework for what is known as “TRU Part 2” to eliminate carbon emissions created by refrigerated equipment utilized in the transportation of...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

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

Alston & Bird

California’s Advanced Clean Fleets Regulation Under Attack

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California’s ambitious zero-emission, heavy-duty truck regulations face new legal challenges. Our Environment, Land Use & Natural Resources Group outlines the status of California’s Advanced Clean Fleet (ACF) Regulation,...more

Adams and Reese LLP

EPA Greenlights Greenhouse Gas Emissions for Heavy-Duty Vehicles, But States File Lawsuit

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Less than a month after the Environmental Protection Agency (EPA) published environmental operational standards and greenhouse gas emission regulations for owners and operators of heavy-duty vehicles, including major freight...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

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

Benesch

Driving Change: CARB’s Impacts and Adaptations by Fleet Managers

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Environmental regulations, including those under the California Air Resources Board’s (“CARB”) jurisdiction, present a complex compliance challenge for vehicle fleet managers and operations departments across the country....more

Jackson Lewis P.C.

Enforcing Policy to Keep Vehicle Dashcam On At All Times Does Not Violate NLRA, According to D.C. Circuit

Jackson Lewis P.C. on

A manager texting one of his drivers who covered the truck’s inward facing camera while stopping for lunch – “you can’t cover the camera it’s against company rules” – is not unlawful under the National Labor Relations Act...more

Ward and Smith, P.A.

How Can a Truck Accident Lawyer Help?

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Our economy depends on commercial trucking. In 2021, there were 13.86 million trucks registered, and they traveled a total of 327.48 billion miles in that year alone. In 2022, large trucks transported 72.6% of the total...more

Morris, Manning & Martin, LLP

Georgia Senate Passes Bill That Would End Direct Action Suits Against Truck Insurers

Senate Bill 426 would bar a plaintiff injured by a motor carrier from suing the motor carrier’s insurer directly unless (1) the plaintiff cannot serve the driver or trucking company or (2) the trucking company defendant is...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

DRI

Back to the Future: Defending Claims Involving Electric Bicycles, Scooters, Hoverboards and More

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“Hey little girl, I need to borrow your…hoverboard???” When Marty McFly borrowed a hoverboard in future 2015 to flee from his arch-nemesis, Biff Tannen, in Back to the Future 2, for audiences in 1989 theaters, this was...more

Benesch

Sunshine On My Shoulder: Reptile Smiting in the Sunshine State

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Reptile theory litigation tactics and commensurate nuclear verdicts have become a recurring problem for motor carriers, transportation brokers, and now, even shippers in high-stakes, catastrophic casualty litigation. There...more

Marshall Dennehey

Appellate Division Decision Finds Attorney-Verified Pleadings Insufficient From Both Parties, Highlighting Need to Support...

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Pemberton v. Montoya, 2023 N.Y. Slip Op. 02674, 2023 WL 3486551 (2d Dept May 17, 2023) - In a highly regular procedural development, the defendant in a vehicular accident failed to timely answer, and the plaintiff moved for a...more

Benesch

Lions and Tigers and Bears - Oh My! New FMCSA Guidance on the Definition of Dispatch Services, Bona Fide Agents, and Brokers

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Federal regulators—as well as the marketplace itself—have been scrutinizing the role of certain types of “transportation intermediaries” in the industry. One point of focus has been the role of longstanding models such as...more

Weber Gallagher Simpson Stapleton Fires &...

2023 Commercial Transportation Litigation Trends and Best Practices

Increased traffic leads to an increase in accidents, which consequently leads to an increase in litigation. Every year, more and more commercial transportation entities are pulled into litigation and the risks and...more

Weber Gallagher Simpson Stapleton Fires &...

Pending Revision to NY Wrongful Death Law Will Increase Exposure to Trucking Companies

New York’s “Grieving Families Act,” Senate Bill S74A, has been brought to Governor Kathy Hochul’s desk for approval or veto after passing the New York Senate Assembly. The bill, which is expected to be signed into law, will...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court Sends Federal Arbitration Act Interstate Commerce Exemption Issue Back to Ninth Circuit

​​​​​​​On October 17, 2022, the Supreme Court of the United States vacated a Ninth Circuit ruling addressing the scope of the “transportation worker” exemption from the Federal Arbitration Act (FAA). The FAA generally...more

Chambliss, Bahner & Stophel, P.C.

[Event] Freight of the Future — Digitized, Electrified, and Autonomized - October 20th, Chattanooga, TN

Join Chambliss and the Association for Corporate Growth (ACG) of Tennessee at a networking and a future of freight panel discussion on Thursday, October 20, at 5:15 p.m. EDT. Forbes has dubbed Chattanooga as the "Silicon...more

Benesch

Time to Adapt: U.S. Supreme Court Declines Review of California Assembly Bill No 5

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Unfortunately, today, June 30, 2022, the U.S. Supreme Court delivered a deeply disappointing loss to the transportation industry and supply chain interests throughout the country by declining to review the California Trucking...more

Benesch

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

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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

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