News & Analysis as of

Preemption Negligence Trucking Industry

Husch Blackwell LLP

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

Husch Blackwell LLP on

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

Hanson Bridgett

Sixth Circuit Decision Raises the Stakes for Supreme Court Review and Broker Liability

Hanson Bridgett on

The Sixth Circuit recently became the latest Court of Appeals to weigh in on whether the Federal Aviation Administration Authorization Act (FAAAA) preempts claims of negligent carrier selection under state common law for...more

Frantz Ward LLP

District Court of South Carolina Slams the Brakes on Broker Liability

Frantz Ward LLP on

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

Amundsen Davis LLC on

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

Weber Gallagher Simpson Stapleton Fires &...

The Supreme Court Remains Silent on Freight Broker Tort Liability Under the “Safety Exception” to the FAAAA

Earlier this year, in the case of C.H. Robinson v. Miller, No. 20-1425, 2022 WL 2295168 (U.S. June 27, 2022), the U.S. Supreme Court delivered a blow to freight brokers when it refused to grant a broker’s request for review...more

Sands Anderson PC

New Avenue for Motor Carriers and Brokers to Remove Cases to Federal Court

Sands Anderson PC on

Earlier this year in Desiree Luccio and Reed Frerichs v. UPS Co., the Southern District of Florida brought good news for motor carriers and brokers. This case involved UPS’ intrastate transportation of frozen embryos. The...more

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