Many transportation and logistics (T&L) companies are family-owned or closely held businesses that often bear their founder’s name. Some have been passed down through two or more generations of family ownership. But there...more
Strategic cargo theft—fraudulent schemes where criminals pose as legitimate carriers or brokers to gain possession of freight—has surged across the U.S. freight market. Since the first quarter of 2021, strategic cargo theft...more
The federal circuits courts are divided on application of the Federal Aviation Administration Authorization Act of 1994 (FAAAA). Some circuits have concluded that state law negligent hiring or supervision claims against...more
A new Illinois appellate case, Kaipust v. Echo Global Logistics, Inc., 2025 IL App (1st) 240530-U, has analyzed whether Illinois state law tort claims against freight brokers can proceed or whether they are pre-empted by...more
On Friday, October 3, 2025, the United States Supreme Court announced that it will provide vital guidance regarding the extent to which freight brokers are liable for alleged negligence in selecting motor carriers that...more
The Supreme Court has granted certiorari review in Montgomery v. Caribe Transport II, LLC, 124 F.4th 1053 (7th Cir.), cert. granted, No. 24-1238, (U.S. Oct. 3, 2025), to resolve a split among the circuits regarding whether a...more
The Supreme Court of the United States will finally settle the circuit court split around the country and address whether state common law claims for negligent hiring/selection are indeed preempted by the Federal Aviation...more
On October 3, 2025, the U.S. Supreme Court granted plaintiff's Petition for a Writ of Certiorari in Montgomery v. Caribe Transport II, LLC, 124 F.4th 1053 (7th Cir. 2025). The Court will address the question, stated simply:...more
Across the Country, Federal and State Courts have wrestled with the interpretation of a federal statute which could preempt state common law claims against brokers, carriers and freight forwarders. The Federal Aviation...more
Transportation industry services providers (and their attorneys) have kept close watch on court decisions with respect to preemption of state law negligence claims against motor carriers and brokers. The split among circuits...more
Freight broker liability under the Federal Aviation Administration Authorization Act (FAAAA) is once again before the U.S. Supreme Court, with two new petitions for certiorari—Total Quality Logistics (TQL) v. Cox and...more
The Sixth Circuit recently became the latest Court of Appeals to weigh in on whether the Federal Aviation Administration Authorization Act (FAAAA) preempts claims of negligent carrier selection under state common law for...more
While the concept of preemption dates back almost two centuries, the scope and extent of preemption remains a hot topic of litigation, especially when considering the preemptive effect of the Federal Aviation Administration...more
On January 13, 2025, the U.S. Supreme Court declined to grant certiorari in the case of Gauthier vs. Total Quality Logistics, leaving the decision of the Eleventh Circuit Court of Appeals intact. This means that freight...more
The Seventh Circuit Court of Appeals recently issued another important ruling for brokers, upholding that a claim for negligent hiring against a freight broker was preempted by the Federal Aviation Administration...more
In a negligence action brought against transportation broker, Echo Global Logistics, Inc. (“Echo”), the District Court for the District of South Carolina held that Congress expressly preempted state laws related to brokers’...more
On September 11, the US Environmental Protection Agency (EPA) took final action approving a revision to California’s State Implementation Plan (SIP) to include the South Coast Air Quality Management District’s (SCAQMD)...more
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
As March Madness gets underway, a California federal judge has called a flagrant foul and ejected the trucking industry from its ongoing battle to challenge Assembly Bill No. 5 (“AB5”)....more
The lights will stay on at the FAA, at least for now. Last night, the Senate passed the House bill extending authorization for FAA funding through March 8, 2024. The stop-gap measure had been held up since late last week by...more
In an important decision for freight brokers, the Seventh Circuit Court of Appeals recently issued a ruling in Ye v. GlobalTranz Enterprises, Inc., No. 22-1805 (7th Cir. July 18, 2023), which held that a plaintiff’s claim for...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
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
Negligence claims arising from motor carrier collisions have typically focused on the driver, owner and/or operator of the subject vehicle involved in the accident. This traditional model allowed freight brokers, direct...more
Employee misclassification claims continue to be the focus of class action litigation in the logistics space. In general, these cases involve allegations by independent contractors (most often owner-operators) that they...more