News & Analysis as of

Preemption Shipping

Seyfarth Shaw LLP

FMCSA To Accept Public Comments In Response To Petitions Seeking Waiver Of Meal And Rest Period Preemption Determination On Behalf...

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Seyfarth Synopsis: On December 26, 2023, the Federal Motor Carrier Safety Administration (“FMCSA”) announced they would be accepting comments from the public in response to multiple petitions requesting waivers from the...more

Holland & Knight LLP

11th Circuit Rules Negligence Claim Against Broker Preempted, Creating Circuit Split

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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

Benesch

InterConnect - Fall 2018

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“It Was A Very Good Year” (For Freight Brokers) - Frank Sinatra certainly was not thinking about freight brokers when singing this Grammy-winning song back in 1966. However, the title of the song definitely resonates for...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Railroad/Hazardous Materials Transportation: Federal Appellate Court Addresses Constitutional/Preemption Challenge to California...

The United States Court of Appeals for the Ninth Circuit (“Court”) addressed in a September 13th opinion a judicial challenge to California Senate Bill 84 (“SB 84”) which requires railroads to collect fees from customers...more

Orrick - Trade Secrets Group

Excess Cargo? Shipping Common Law Claims Out of a Trade Secret Complaint

AFS, a company specializing in streamlining shipping costs and logistics, had its eight count amended complaint streamlined to only one—its Tennessee Uniform Trade Secrets Act (“TUSTA”) claim—primarily due to preemption and...more

K&L Gates LLP

Appeals Court Resoundingly Affirms Scope and Breadth of Shipping Act Antitrust Exemption

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In August 2015, a federal court held in an apparent case of first impression that the Shipping Act of 1984 (the “Shipping Act”), preempts state law claims as well as federal antitrust claims. Direct and indirect purchasers of...more

Benesch

InterConnect - Fall 2016

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In May 2016, the Department of Labor released its long-awaited Final Rule on changes to the Fair Labor Standards Act (FLSA). The Final Rule—which will take effect in three months—will impact transportation employers...more

K&L Gates LLP

Shipping Act Antitrust Exemption Held for the First Time to Preempt State Antitrust Laws

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For the first time, a federal court has held that the Shipping Act of 1984, 46 U.S.C. §§ 40101–41309 (Shipping Act), preempts state-law antitrust claims. The federal district court in New Jersey applied conflict preemption...more

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