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

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

FMC Issues Proposed Rule on OSRA Refusal to Deal on Vessel Space Accommodations

The Federal Maritime Commission (FMC) announced on Sept. 13, 2022, that it is seeking public comment on a Notice of Proposed Rulemaking (NPRM) addressing what constitutes an unreasonable refusal to deal or negotiate with...more

Beyond the Ocean Shipping Reform Act: Recent FMC Decisions and Settlement Implications

Since its passage on June 16, 2022, the shipping industry is understandably focused on the implications of the Ocean Shipping Reform Act of 2022 (OSRA) (Pub. Law No. 117-146, 2022 Enacted S. 3580), and the rulemakings that...more

FMC Releases Final Fact Finding Recommendations, Stresses Mutually Enforceable Contracts

Commissioner Rebecca F. Dye of the Federal Maritime Commission (FMC or the Commission) has released her Final Report for Fact Finding 29 titled "The Effects of COVID-19 on the U.S. International Ocean Transportation Supply...more

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