The Chartwell Chronicles: Trucking
Case In Point: Recent Developments in Employment Law
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
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
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 Federal Motor Carrier Safety Administration (FMCSA) issued an internal agency enforcement policy on May 20, 2025 (the Policy), outlining its approach to English language proficiency (ELP) for commercial motor vehicle...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
The Federal Motor Carrier Safety Administration (“FMCSA”) issued a Notice of Proposed Rulemaking (“NPRM”) on November 20, 2024,titled Transparency in Property Broker Transactions (89 FR 91648). ...more
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
As concerns about environmental degradation and climate change intensify, shippers across a wide variety of industry verticals are seeking ways to make their supply chain operations more environmentally sustainable....more
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
Transportation services providers are increasingly facing new technology-oriented threats in day-to-day business. Recent cyberattacks and the potential for serious disruption from threat actors have drawn the attention of the...more
Double brokering has emerged as a hot topic in this era of supply chain fraud, hostage loads, and cargo theft. The term “double brokerage” is used sweepingly as a reference to a wide range of operational practices where the...more
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
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
Federal regulators—as well as the marketplace itself—have been scrutinizing the role of certain types of “transportation intermediaries” in the industry. One point of focus has been the role of longstanding models such as...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
The Federal Motor Carrier Safety Administration (FMCSA) on Jan. 5, 2023, issued a notice of proposed rulemaking (NPRM) to implement financial security requirements on brokers and freight forwarders. The proposed changes to...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
On June 10, 2022, the Federal Motor Carrier Safety Administration (“FMCSA”) issued a notice and request for comments in Docket No. 2022-134 to assist the agency in issuing guidance by November 15, 2022, in response to the...more
The Federal Motor Carrier Safety Administration (FMCSA) recently requested public comments on petitions for rulemaking backed by owner-operator/small-fleet groups to address the transparency of brokerage rates. The petitions...more
The Federal Motor Carrier Safety Administration (FMCSA) has called a public listening session for Wednesday, October 28, 2020, from 1:00 PM to 2:30 PM EDT. Advanced registration is required at www.fmcsa.dot.gov. This is a...more
The Federal Motor Carrier Safety Administration (FMCSA) requested public comments on petitions for rulemaking backed by owner-operator/small-fleet groups to address the transparency of broker rates. The notice is in response...more
Buy-side decisions for transportation and logistics services are increasingly driven by both internal subject matter experts and their corporate procurement teams. The traditional procurement perspective yields certain...more