Breathe In That Rocky Mountain Air: Motor Carriers, Brokers, Freight Forwarders, and Private Fleets Operating in Colorado Face November 30, 2024 Deadline to Comply with State’s New Emissions Reporting Requirements and Avoid...more
11/18/2024
/ Air Quality Standards ,
Brokers ,
Carbon Emissions ,
Climate Change ,
Compliance ,
Compliance Dates ,
Environmental Policies ,
Freight Forwarding ,
Motor Carriers ,
Reporting Requirements ,
Transportation Industry
In a victory for motor carriers and responsible freight intermediaries, on November 16, 2023, the Federal Motor Carrier Safety Administration (“FMCSA”) announced a final rule that will ensure that freight brokers and surface...more
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
7/19/2023
/ Appellate Courts ,
Brokers ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Freight Forwarding ,
Motor Carriers ,
Negligence ,
Preemption ,
Regulatory Requirements ,
Split of Authority ,
Transportation Industry ,
Wrongful Death
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
6/27/2022
/ ABC Test ,
Brokers ,
Common Carriers ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Freight Forwarding ,
Independent Contractors ,
Logistics ,
Petition for Writ of Certiorari ,
Preemption ,
SCOTUS ,
Transportation Industry ,
Trucking Industry
The international forwarding community was not immune from headlines, advisories, and rulemaking dealing with U.S. export controls and economic sanctions in 2020 despite never-ending attention due the global COVID-19...more
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 freight brokers in 2018. In addition to capitalizing...more
As most readers are aware, Hanjin Shipping Co. Ltd. (“Hanjin”) commenced insolvency proceedings in South Korea on August 31, 2016. Shippers, motor carriers, transportation intermediaries, and others are scrambling to react...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
Out Like A Lion?
The waning weeks of calendar year 2015 witnessed a remarkable convergence of regulatory and legislative activity affecting the transportation industry. For instance, the Federal Motor Carrier Safety...more
1/8/2016
/ Chapter 15 ,
Commercial Truck Drivers ,
Fixing America’s Surface Transportation Act (FAST Act) ,
FMCSA ,
Food and Drug Administration (FDA) ,
Freight Forwarding ,
FSMA ,
NVOCCs ,
Reporting Requirements ,
Subcontractors ,
Trade Credit
Magic makes the impossible possible. Federal preemption aims at a similarly lofty goal. After all, the power to preempt a plaintiff’s state law claims is the power to transform a plaintiff’s entire case in a radical and...more
10/19/2015
/ Airline Deregulation Act ,
Airlines ,
Americans with Disabilities Act (ADA) ,
Attorney's Fees ,
Employee Retirement Income Security Act (ERISA) ,
Federal Aviation Administration (FAA) ,
Freight Forwarding ,
Preemption ,
State Law Claims ,
Surface Transportation ,
Treble Damages ,
Unfair or Deceptive Trade Practices
Shippers who are used to doing business with motor carriers often present freight brokers with a shipper-carrier agreement (often described as a “Motor Carrier Agreement”) of one kind or another to serve as the basis of a...more
8/27/2015
/ Commercial General Liability Policies ,
Commercial Truck Drivers ,
Delivery Drivers ,
Employee Definition ,
Employer Liability Issues ,
FedEx ,
Freight Forwarding ,
Independent Contractors ,
Maritime Transport ,
Motor Carrier Act ,
Motor Carriers ,
Shipping Cargo ,
Trucking Industry ,
Wage and Hour ,
Waterborne Freight Transportation
Shippers who are used to doing business with motor carriers often present freight brokers with a shipper-carrier agreement (often described as a “Motor Carrier Agreement”) of one kind or another to serve as the basis of a...more
8/5/2015
/ Brokers ,
Commercial Truck Drivers ,
Employer Liability Issues ,
Federal Admiralty Law ,
FedEx ,
Freight Forwarding ,
Independent Contractors ,
Infrastructure ,
Misclassification ,
Motor Carriers ,
Trucking Industry