News & Analysis as of

Negligent Hiring Preemption

Husch Blackwell LLP

Supreme Court Asked to Resolve Circuit Split on Broker Liability Under FAAAA Safety Exception

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Freight broker liability under the Federal Aviation Administration Authorization Act (FAAAA) is once again before the U.S. Supreme Court, with two new petitions for certiorari—Total Quality Logistics (TQL) v. Cox and...more

Amundsen Davis LLC

7th Circuit Again Upholds Preemption of Negligent Hiring Claims Against a Freight Broker

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The Seventh Circuit Court of Appeals recently issued another important ruling for brokers, upholding that a claim for negligent hiring against a freight broker was preempted by the Federal Aviation Administration...more

Frantz Ward LLP

District Court of South Carolina Slams the Brakes on Broker Liability

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In a negligence action brought against transportation broker, Echo Global Logistics, Inc. (“Echo”), the District Court for the District of South Carolina held that Congress expressly preempted state laws related to brokers’...more

Amundsen Davis LLC

Preemption of Negligent Hiring Claims Against a Freight Broker Upheld by 7th Circuit

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In an important decision for freight brokers, the Seventh Circuit Court of Appeals recently issued a ruling in Ye v. GlobalTranz Enterprises, Inc., No. 22-1805 (7th Cir. July 18, 2023), which held that a plaintiff’s claim for...more

Amundsen Davis LLC

If At First You Don't Succeed, Try And Try Again: A Broker Is Finally Successful At A Federal Preemption Argument

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A recent ruling by Judge Ronald Guzman of the U.S. District Court for the Northern District of Illinois should have a significant impact on how brokers, and in some circumstances motor carriers, defend themselves in...more

Morrison & Foerster LLP

Court holds that federal standards of care pre-empt state law standards

Originally published in International Law Office on November 27 2012. A New York state trial court recently added another voice to the chorus of cases finding that federal law pre-empts state law standards of care in the...more

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