News & Analysis as of

Transportation Industry Motor Carriers Federal Aviation Administration Authorization Act of 1994 (FAAAA)

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

Amundsen Davis LLC

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

Amundsen Davis LLC on

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

Benesch

Two Out Of Three Ain’t Bad: The Seventh Circuit Enters a Huge Win for the Freight Brokerage Industry

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The freight brokerage industry began humming Meat Loaf’s 1977 power ballad earlier today when the U.S. Court of Appeals for the Seventh Circuit became the third federal appellate court to consider the extent to which...more

Benesch

Time to Adapt: U.S. Supreme Court Declines Review of California Assembly Bill No 5

Benesch on

Unfortunately, today, June 30, 2022, the U.S. Supreme Court delivered a deeply disappointing loss to the transportation industry and supply chain interests throughout the country by declining to review the California Trucking...more

Benesch

InterConnect FLASH! No 77: California AB5 Litigation Update - The TRO is Extended

Benesch on

Yesterday, on January 13, 2020, Judge Benitez of the United States District Court for the Southern District of California extended the temporary restraining order previously entered in the litigation brought by the California...more

Epstein Becker & Green

Federal Court Issues Eleventh-Hour TRO to Enjoin Enforcement of California’s Controversial New Independent Contractor Law for...

On January 1, 2020, California’s new independent contractor statute, known as AB 5, went into effect.  The law codifies the use of an “ABC” test to determine if an individual may be classified as an independent contractor....more

Benesch

InterConnect FLASH! No 76 - Federal Court Temporarily Enjoins Enforcement of AB5 Against California Motor Carriers

Benesch on

Champagne bottles popped earlier than expected on New Year’s Eve when Judge Roger T. Benitez of the United States District Court for the Southern District of California granted a temporary restraining order prohibiting the...more

Benesch

Federal Preemption, Brokers and Cargo Claims - A Primer and Update

Benesch on

U.S. Constitution - Article VI: This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall...more

Benesch

"It Was A Very Good Year" (For Freight Brokers)

Benesch on

Frank Sinatra certainly was not thinking about freight brokers when singing this Grammy-winning song back in 1966. However, the title of the song definitely resonates for freight brokers in 2018. In addition to capitalizing...more

Holland & Knight LLP

Transportation Developments in the Trump Administration's First 100 Days

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In January 2017, Holland & Knight Transportation & Infrastructure lawyers and senior advisors prepared 20 posts for the 20 days leading to President Donald Trump's inauguration regarding what to expect from the Trump...more

Holland & Knight LLP

Will Trump Administration Curb the Recent Targeting of Independent Contractors?

Holland & Knight LLP on

A critical but unresolved issue for the motor carrier industry is the continuing viability of the independent contractor truck driver model, which is under siege by state and federal regulatory agencies as well as private...more

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