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
6/16/2025
/ Brokers ,
China ,
Commercial Truck Drivers ,
Common Carriers ,
FMCSA ,
Manufacturers ,
Motor Carriers ,
New Regulations ,
Safety Standards ,
Tariffs ,
Transportation Industry
In this era of driver and employee shortages, employers of all kinds - motor - carriers, freight intermediaries and shippers, should be aware of a byzantine array of federal statutes that could confer liability upon them,...more
2/21/2025
/ Background Checks ,
Commercial Truck Drivers ,
Credit Reports ,
Employee Privacy Rights ,
Employer Liability Issues ,
Employment Litigation ,
Fair Credit Reporting Act (FCRA) ,
Freight Forwarding ,
Motor Carriers ,
Privacy Laws ,
Risk Management ,
Shipping ,
Transportation Industry
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
7/15/2024
/ Agents ,
Bodily Injury ,
Brokers ,
Commercial Insurance Policies ,
Commercial Truck Drivers ,
Corporate Liability ,
Independent Contractors ,
Liability ,
Motor Carriers ,
Transportation Industry ,
Trucking Accident ,
Trucking Industry
Nuclear verdicts in catastrophic motor vehicle accidents litigation (and even not so catastrophic accidents) have been proliferating for motor carriers (and brokers) for the past several years, with no immediate letup...more
Even prior to the COVID era, the transportation and logistics industry was seeing an increased prevalence of instantaneous technological contact, via texts, for all types of logistics protocols and practices. Transportation...more
Introduction: Carmack Boundaries and the Blurring of Unloading Functions -
Under the Carmack Amendment, a carrier is liable for the actual loss of goods which “arrive” damaged 49 U.S.C. §4706(a)(1). But when does that...more
In most of the situations of injury and damage that are a result of allegedly improperly loaded freight, the damage is to third parties, who fall victim to freight careening from trucks on public highways, or falling off, or...more