The Chartwell Chronicles: Trucking
Case In Point: Recent Developments in Employment Law
Unfortunately, the nuclear verdict phenomenon grows and prospers in 2025. A “nuclear verdict” is described as a verdict of $10 million or more. In a nuclear verdict case, plaintiffs’ counsel, propagating a sophisticated yet...more
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
The US Department of Transportation (DOT) recently proposed significant amendments to its drug and alcohol testing regulations that include adding fentanyl and its metabolite, norfentanyl, to the drug testing panels. ...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
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
On September 23, 2025, the U.S. Court of Appeals for the D.C. Circuit vacated a key provision of the Federal Maritime Commission’s (FMC) 2024 Final Rule on detention and demurrage billing practices. The court determined that...more
Lawmakers in D.C. have recently introduced four bills that could significantly affect the trucking industry if enacted. Several of the proposals focus on driver safety and accountability, while another seeks to address...more
The Pipeline and Hazardous Materials Safety Administration (“PHMSA”) clarified in an August 12th Interpretive Letter the Hazardous Materials Regulations (“HMR”) applicable to emergency discharge control equipment for...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
On April 28, 2025, President Donald Trump published an executive order (“EO”) requiring the secretary of transportation to overhaul the compliance process of certifying a commercial driver’s English proficiency. As set forth...more
This week, the Federal Motor Carrier Safety Administration (FMCSA) announced a slew of proposed rule changes—18 in all—designed to streamline operations, reduce unnecessary paperwork, and align regulations with modern...more
The numbers are frightening. In recent years, juries have routinely rendered outsized verdicts, a trend attributable in part to social inflation, public sentiment toward corporate defendants, and sophisticated litigation...more
Motor carriers, brokers, freight forwarders and private fleets that are required to comply with Colorado’s new Large Entity Reporting (“LER”) requirement, a relatively unpublicized new regulatory measure in the State of...more
The role of independent contractor owner-operators (“ICOOs”) in the trucking industry has a long history as a business model and also as a lightning rod for scrutiny. ...more
In January 2025, the Trump Administration will take office, and it is anticipated that President-Elect Donald J. Trump's second term will lead to significant regulatory changes generally. In his first term, President Trump...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
Motor carriers and private fleet operators need to weigh several critical factors when deciding where to register and plate their motor vehicles and equipment (trailers, flatbeds, tanker units, etc.). Selecting the right...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
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
For-hire and private motor carriers face unique compliance and operations challenges that many other business or company functions do not encounter. Operating commercial motor vehicles (CMVs) for your business, or as your...more
Accidents on the roadways are an unfortunate reality in the transportation business. Any carrier that has been in the business long enough, or that has reached a sizeable scale, experiences accidents despite a zealous...more