News & Analysis as of

Motor Vehicles Federal Aviation Administration Authorization Act of 1994 (FAAAA)

Weber Gallagher Simpson Stapleton Fires &...

Brokers Beware: FAAAA Preemption of Negligent Selection Claims in the Third Circuit

While the concept of preemption dates back almost two centuries, the scope and extent of preemption remains a hot topic of litigation, especially when considering the preemptive effect of the Federal Aviation Administration...more

Husch Blackwell LLP

FAAAA Circuit Split Remains Unresolved as U.S. Supreme Court Denies Certiorari in Gauthier vs. TQL

Husch Blackwell LLP on

On January 13, 2025, the U.S. Supreme Court declined to grant certiorari in the case of Gauthier vs. Total Quality Logistics, leaving the decision of the Eleventh Circuit Court of Appeals intact. This means that freight...more

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

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