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
7/15/2024
/ Agents ,
Bodily Injury ,
Brokers ,
Commercial Insurance Policies ,
Commercial Truck Drivers ,
Corporate Liability ,
Independent Contractors ,
Liability ,
Motor Carriers ,
Transportation Industry ,
Trucking Accident ,
Trucking Industry
The U.S. Department of Transportation is seeking input from industry stakeholders on the role of artificial intelligence in the supply chain. The DOT’s Advanced Research Projects Agency – Infrastructure is one of many federal...more
7/12/2024
/ Artificial Intelligence ,
CARB ,
Carbon Emissions ,
Clean Energy ,
Common Carriers ,
Compliance ,
Department of Transportation (DOT) ,
Forced Labor ,
National Security ,
Nuclear Power ,
Supply Chain ,
Trucking Industry ,
Uyghur Forced Labor Prevention Act (UFLPA) ,
Vessels
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
Nuclear verdicts in catastrophic motor vehicle accidents litigation (and even not so catastrophic accidents) have been proliferating for motor carriers (and brokers) for the past several years, with no immediate letup...more
As many are aware, the Nuclear Verdict phenomenon (a “nuclear verdict” is described as a verdict of $10 million or more) - by which plaintiffs’ personal injury counsel, propagating a sophisticated yet simultaneously...more
On February 23, 2021, Benesch published an article on titled Government Gone Wild! Another First-Of-Its-Kind Regulations Targets the Logistics Industry. The article examined California’s South Coast Air Quality Management...more
The possibility of a shipper being found liable to a third party who is injured by allegedly improperly loaded freight is an evolving one. Historically, the onus of responsibility, and liability, for loading freight has been...more
Both the speed of business disruption and depth of uncertainty created by COVID-19 have been unparalleled in our experience. Developments over the past week alone have emerged at an exponential rate and have impacted every...more
3/20/2020
/ Boycotts ,
Coronavirus/COVID-19 ,
Department of Transportation (DOT) ,
Emergency Response ,
Misclassification ,
State of Emergency ,
Supply Chain ,
Trade Secrets ,
Transportation Industry ,
Trucking Industry ,
TSA
Introduction: The PRO Act Overall -
Early last week, the U.S. House of Representatives passed the “Protecting the Right to Organize Act,” H.R.2474 (“PRO Act”), which would fundamentally shift various important...more
2/21/2020
/ ABC Test ,
Employee Rights ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Independent Contractors ,
NLRB ,
Pending Legislation ,
Preemption ,
Preliminary Injunctions ,
State Attorneys General ,
Transportation Industry ,
Trucking Industry ,
Unfair Labor Practices ,
Union Organizers ,
Unions
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
Introduction: Carmack Boundaries and the Blurring of Unloading Functions -
Under the Carmack Amendment, a carrier is liable for the actual loss of goods which “arrive” damaged 49 U.S.C. §4706(a)(1). But when does that...more
In most of the situations of injury and damage that are a result of allegedly improperly loaded freight, the damage is to third parties, who fall victim to freight careening from trucks on public highways, or falling off, or...more
In certain circumstances, carriers are authorized to exercise their common law and contractual rights to place a “`carrier’s lien’’ on freight. But what are those circumstances? If the carrier improperly asserts “dominion and...more