The Chartwell Chronicles: Trucking
Case In Point: Recent Developments in Employment Law
On Friday, October 3, the Supreme Court granted certiorari in Montgomery v. Caribe Transport II, LLC, et al., No. 24-1238, setting the stage for the Court’s resolution of a vitally important issue to the U.S. freight...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
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
On Friday October 3, 2025, the United States Supreme Court agreed to review Montgomery v. Caribe Transport II, LLC, a case that stands to reshape the legal landscape for freight brokers nationwide. At issue is whether federal...more
Today, the Supreme Court of the United States granted certiorari in five cases - Exxon Mobil Corp. v. Corporación Cimex, S.A., No. 24-699: This case concerns the Cuban Liberty and Democratic Solidarity Act of 1996...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 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
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
Providers and commercial users of transportation services necessarily rely upon the predictability and uniformity afforded by national laws and regulations to support the efficient and reliable supply chains that are so...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
Earlier this year, in the case of C.H. Robinson v. Miller, No. 20-1425, 2022 WL 2295168 (U.S. June 27, 2022), the U.S. Supreme Court delivered a blow to freight brokers when it refused to grant a broker’s request for review...more
The U.S. Supreme Court recently denied the California Trucking Association's (CTA) petition for certiorari related to a case involving federal preemption of California Assembly Bill 5 (AB-5), a law that changed the legal...more
While the U.S. Supreme Court has made a number of headlines this term, flying under the radar was its refusal to consider whether California’s controversial worker classification law should be blocked by a federal law that...more
Unfortunately, today, June 30, 2022, the U.S. Supreme Court delivered a deeply disappointing loss to the transportation industry and supply chain interests throughout the country by declining to review the California Trucking...more
Welcome to the first edition of a new series, “Case in Point.” During these short videos, we’ll recap several of the key employment cases from the last few months and discuss what they mean for employers in California. In...more
The Ninth Circuit Court of Appeals, in California Trucking Association v. Bonta, has reversed the preliminary injunction staying enforcement of AB 5 (now Labor Code § 2775). ...more
On April 28, 2021, the United States Court of Appeals for the Ninth Circuit held that the application of California’s Assembly Bill 5 (“AB5”) to motor carriers is not preempted by the Federal Aviation Administration...more
The Ninth Circuit Court of Appeals has issued a long-awaited decision on the question of whether AB5, California’s strict independent contractor misclassification statute, may be applied to motor carriers, or whether the...more
The Ninth Circuit Court of Appeals held today that the Federal Aviation Administration Authorization Act of 1994 (“FAAAA”) does not preempt application of California’s Assembly Bill 5 (“AB 5”), codified as amended at Labor...more
Ninth Circuit decision upholds the Federal Motor Carrier Safety Administration ("FMCSA") determination that federal law preempts California’s meal and rest break laws with respect to Department of Transportation-regulated...more