News & Analysis as of

Liability Motor Carriers

Amundsen Davis LLC

7th Circuit Again Upholds Preemption of Negligent Hiring Claims Against a Freight Broker

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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

Frantz Ward LLP

District Court of South Carolina Slams the Brakes on Broker Liability

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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

Benesch

A Broker Nuclear Verdict Reversal! (And a Very Good Year [In the Courts] for Brokers)

Benesch on

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

Carmack Amendment Liability: Reminder of the Basic Legal Principles

Benesch on

We regularly receive questions about motor carrier liability under the Carmack Amendment. This standard has been ubiquitous with interstate motor carriage since its enactment in 1906. Still, misunderstandings abound and can...more

Benesch

U.S. Shippers and Intermediaries take note: New Requirements for Transportation Services provided within Mexico

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Tax Authorities in Mexico have issued new requirements for tax documentation for the transport of cargo within Mexico. Carriers operating in Mexico are required to issue a digital Income or Transfer Invoice (in Spanish,...more

Benesch

Freight Claims, Liability and Risk Management

Benesch on

Federal preemption over state causes of action in regards to cargo claims remains one of the most important principals of transportation law.  Its history is rooted in the United States Constitution....more

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