There will likely be a massive amount of litigation in the Transportation & Logistics industries in the post- COVID-19 world. Some of the lawsuits will be legitimate and others will be frivolous but both come with a cost: in...more
Both the speed of business disruption and depth of uncertainty created by COVID-19 have been unparalleled in our experience. Developments over the past week alone have emerged at an exponential rate and have impacted every...more
3/20/2020
/ Boycotts ,
Coronavirus/COVID-19 ,
Department of Transportation (DOT) ,
Emergency Response ,
Misclassification ,
State of Emergency ,
Supply Chain ,
Trade Secrets ,
Transportation Industry ,
Trucking Industry ,
TSA
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
Introduction: The PRO Act Overall -
Early last week, the U.S. House of Representatives passed the “Protecting the Right to Organize Act,” H.R.2474 (“PRO Act”), which would fundamentally shift various important...more
2/21/2020
/ ABC Test ,
Employee Rights ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Independent Contractors ,
NLRB ,
Pending Legislation ,
Preemption ,
Preliminary Injunctions ,
State Attorneys General ,
Transportation Industry ,
Trucking Industry ,
Unfair Labor Practices ,
Union Organizers ,
Unions
We have found that more and more of our clients are involved in e-commerce fulfillment, distribution and last-mile services. We handle sophisticated issues in this sector every single day, including drafting and negotiating...more
3/16/2018
/ Administrative Appointments ,
Bodily Injury ,
Contract Negotiations ,
Exports ,
Food Manufacturers ,
Freight Forwarding ,
Manufacturers ,
Shipping Cargo ,
Surface Transportation ,
U.S. Commerce Department ,
UPS
We have found that more and more of our clients are involved in e-commerce fulfillment, distribution and last-mile services. We handle sophisticated issues in this sector every single day, including drafting and negotiating...more
3/16/2018
/ Bodily Injury ,
Delivery Drivers ,
Distributors ,
E-Commerce ,
Interstate Commerce ,
Motion for Judgment ,
Negligence ,
Preemption ,
Premises Liability ,
Risk Management ,
UPS
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
Unfortunately, amongst the millions of freight shipments of all modes that occur on a daily basis, some freight does get damaged. These damages spawn freight claims, and some of them generate litigation. A defense often...more
In certain circumstances, carriers are authorized to exercise their common law and contractual rights to place a “`carrier’s lien’’ on freight. But what are those circumstances? If the carrier improperly asserts “dominion and...more