Seyfarth Synopsis: Earlier this year, in New Prime, the Supreme Court decisively held that the Federal Arbitration Act’s § 1 exemption for transportation workers engaged in foreign or interstate commerce applied to...more
Since the Sperl v. C.H. Robinson decision in 2011, freight brokers have been fighting liability for the actions of motor carriers and their drivers. In Sperl, an Illinois Appellate Court affirmed an eight-figure judgment...more
On October 29, 2018 a N.J. Appellate Division panel reversed a dismissal of class action overtime pay claims brought against a freight-forwarding company that convinced the lower court that the company’s drivers and...more
Freight carriers of all modes – rail, truck, water, air and pipeline – are all in the business of moving cargo for compensation and thus share many similar goals. Furthermore, cargo is often moved in multiple modes in its...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
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