News & Analysis as of

Shipping Cargo Preemption

Holland & Knight LLP

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

Holland & Knight LLP on

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

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

Benesch

Federal Preemption, Brokers and Cargo Claims - A Primer and Update

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U.S. Constitution - Article VI: This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall...more

Benesch

InterConnect - Fall 2018

Benesch on

“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

K&L Gates LLP

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

K&L Gates LLP on

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

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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