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
Independent Contractor Owner-Operators and the Second Trump Administration: Motor Carrier Expectations for the Road Ahead -
The role of independent contractor owner-operators (ICOOs) in the trucking industry has a long...more
2/21/2025
/ Air Carriers ,
Artificial Intelligence ,
Background Checks ,
Credit Checks ,
Criminal Background Checks ,
Employee Credit Checks ,
Employment Contract ,
Executive Orders ,
Fair Credit Reporting Act (FCRA) ,
Independent Contractors ,
Labor Regulations ,
Motor Carriers ,
Supply Chain ,
Trump Administration ,
Warehouses
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
Air carrier liability has been governed by international convention nearly since the inception of the technology. In 1903, the Wright Brothers infamously conducted powered flight at Kitty Hawk. In 1919, the first reported...more
9/14/2023
/ Air Carriers ,
Boycotts ,
Complaint Procedures ,
Corporate Liability ,
Defense Strategies ,
DFARS ,
Dodd-Frank ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
FMCSA ,
General Services Administration (GSA) ,
Jurisdiction ,
Mallory v Norfolk Southern Railway Co ,
Montreal Convention ,
Motor Carriers ,
Rest and Meal Break ,
Warsaw Convention
Reptile theory litigation tactics and commensurate nuclear verdicts have become a recurring problem for motor carriers, transportation brokers, and now, even shippers in high-stakes, catastrophic casualty litigation. There...more
The possibility of a shipper being found liable to a third party who is injured by allegedly improperly loaded freight is an evolving one. Historically, the onus of responsibility, and liability, for loading freight has been...more
The Federal Motor Carrier Safety Administration (“FMCSA”) has issued an Emergency Declaration for motor carriers and drivers providing direct assistance in support of relief efforts related to the COVID-19 outbreaks. The...more
The removal of CSA scores from public view may not eliminate the ability for an injured party to sue based on the negligent selection of a motor carrier, but it changes the analysis. The FMCSA still allows public access to...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