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Transportation Industry Trucking Industry

Mitchell, Williams, Selig, Gates & Woodyard,...

Transportation/Hazardous Materials: Pipeline and Hazardous Materials Safety Administration Interpretive Letter Addressing...

The Pipeline and Hazardous Materials Safety Administration (“PHMSA”) clarified in an August 12th Interpretive Letter the Hazardous Materials Regulations (“HMR”) applicable to emergency discharge control equipment for...more

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

Akerman LLP

Texas Supreme Court Clarifies Proximate Cause in Catastrophic Highway Accident – Werner Enterprises, Inc. v. Blake

Akerman LLP on

On June 27, 2025, the Texas Supreme Court issued its opinion in Werner Enterprises, Inc. v. Blake, No. 23-0493, providing significant guidance on the doctrine of proximate cause in Texas negligence law. The Court reversed a...more

Husch Blackwell LLP

Autonomous Trucking Developments: AVs Continue to Expand Freight Operations

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On July 30, 2025, Aurora Innovation, an autonomous vehicle (AV) technology company, announced that it has commenced full driverless nighttime operations on its Dallas-to-Houston freight lane, expanding its autonomous trucking...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Transportation/Hazardous Materials: U.S. Pipeline and Hazardous Materials Safety Administration Interpretive Letter Addressing...

The Pipeline and Hazardous Materials Safety Administration (“PHMSA”) addressed in a July 15th Interpretive Letter the application of the Hazardous Materials Regulations (“HMR”) to intermediate bulk containers (“IBCs”). See...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

Phelps Dunbar

TX Supreme Court Emphasizes Negligence Does Not Always Result in “Negligent”

Phelps Dunbar on

In a recent opinion issued on June 27, the Supreme Court of Texas emphasized that the presence of negligence does not always lead to liability, and Texas law requires more from those seeking such a finding....more

Amundsen Davis LLC

Lost in Translation: Trump Administration Overhauls Compliance Requirements for English Language Proficiency

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On April 28, 2025, President Donald Trump published an executive order (“EO”) requiring the secretary of transportation to overhaul the compliance process of certifying a commercial driver’s English proficiency. As set forth...more

Husch Blackwell LLP

FMCSA Announces 18 Proposed Rule Changes Affecting the Trucking Industry

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This week, the Federal Motor Carrier Safety Administration (FMCSA) announced a slew of proposed rule changes—18 in all—designed to streamline operations, reduce unnecessary paperwork, and align regulations with modern...more

Benesch

English Language Regulatory Requirement - Coming Enforcement for Truck Drivers

Benesch on

Recent headlines about President Trump’s Executive Order on “Enforcing Commonsense Rules of the Road for America’s Truck Drivers” (“EO”) raised questions across the trucking industry and in the media....more

Jackson Lewis P.C.

Mandating English Proficiency for Truck Drivers: Trump EO Shifts Policy for Transportation Industry

Jackson Lewis P.C. on

Although the English proficiency rule (49 C.F.R. 391.11(b)(2)) is part of the minimum qualifications for drivers of commercial motor vehicles operating in interstate commerce, with certain limited exceptions, it has...more

Weber Gallagher Simpson Stapleton Fires &...

Mitigating the Risk of a Commercial Motor Vehicle Claim

The numbers are frightening. In recent years, juries have routinely rendered outsized verdicts, a trend attributable in part to social inflation, public sentiment toward corporate defendants, and sophisticated litigation...more

Husch Blackwell LLP

Trump Administration Initiates New Section 232 Probe on Medium and Heavy-Duty Trucks and Truck Parts

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On April 23, 2025, the Trump Administration issued a pre-publication federal register notice scheduled to be published on April 25, 2025. The notice seeks public comments following the April 22, 2025, initiation of an...more

Benesch

Colorado LER Reporting Deadline Extended for Brokers, Motor Carriers, Freight Forwarders & Private Fleets

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Motor carriers, brokers, freight forwarders and private fleets that are required to comply with Colorado’s new Large Entity Reporting (“LER”) requirement, a relatively unpublicized new regulatory measure in the State of...more

Benesch

Independent Contractor Owner-Operators and the Second Trump Administration: Motor Carrier Expectations for the Road Ahead

Benesch on

The role of independent contractor owner-operators (“ICOOs”) in the trucking industry has a long history as a business model and also as a lightning rod for scrutiny. ...more

Benesch

When “No Comment” Isn’t an Option: FMCSA Publishes Proposed “Broker Transparency” Regulation

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The Federal Motor Carrier Safety Administration (“FMCSA”) issued a Notice of Proposed Rulemaking (“NPRM”) on November 20, 2024,titled Transparency in Property Broker Transactions (89 FR 91648). ...more

Marshall Dennehey

Federal Court Holds There Is No Jurisdiction Over Amazon Logistics for Contracting With an Ohio Trucking Company that Was Involved...

Marshall Dennehey on

Leyman v. Amazon Logistics, 2024 WL 2962784, No. 1:23-cv-828 (S.D. Ohio June 12, 2024) - This case arises out of a serious motor vehicle accident occurring in Texas with an Ohio trucking company that contracted with Amazon...more

Goldberg Segalla

Rise of Transportation Contractors Leading to Complex Coverage Litigation

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The post-Covid influence over the “gig economy” has led to an expansion of self-employed or by-the-job employed individuals in the delivery and transportation industry. CDL jobs have proven they are not immune to this...more

Benesch

Hazardous Materials Regulations: A Regulatory Primer

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Over one million shipments of hazardous materials reportedly travel in U.S. commerce every single day.  A common misunderstanding is the nature of hazardous materials—they are more commonplace than you think!...more

Benesch

California Regulators Roll Out Aggressive Framework To Further Freeze Out Carbon Emissions in Refrigerated Transportation

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On May 22, 2024, the California Air Resources Board (CARB) unveiled a high-level framework for what is known as “TRU Part 2” to eliminate carbon emissions created by refrigerated equipment utilized in the transportation of...more

Benesch

A Broker Nuclear Verdict Reversal! (And a Very Good Year [In the Courts] for Brokers)

Benesch on

Suffice it to say that the past year has been a very good year for brokers; in the courts, that is! While there have been several very favorable preemption decisions across the country, the preemption doctrine is not...more

Benesch

Staying in Your Lane on Vehicular Accident Liability

Benesch on

Accidents on the roadways are an unfortunate reality in the transportation business.  Any carrier that has been in the business long enough, or that has reached a sizeable scale, experiences accidents despite a zealous...more

BakerHostetler

5th Circuit: Motor Carrier Act Applies to Intrastate Transport of Goods in the Flow of Interstate Commerce

BakerHostetler on

The Fair Labor Standards Act (FLSA) requires that employers pay certain employees one-and-a-half times their regular rate of pay for any hours they work over 40 in a workweek. There are, however, several exemptions from the...more

Alston & Bird

California’s Advanced Clean Fleets Regulation Under Attack

Alston & Bird on

California’s ambitious zero-emission, heavy-duty truck regulations face new legal challenges. Our Environment, Land Use & Natural Resources Group outlines the status of California’s Advanced Clean Fleet (ACF) Regulation,...more

Adams & Reese

EPA Greenlights Greenhouse Gas Emissions for Heavy-Duty Vehicles, But States File Lawsuit

Adams & Reese on

Less than a month after the Environmental Protection Agency (EPA) published environmental operational standards and greenhouse gas emission regulations for owners and operators of heavy-duty vehicles, including major freight...more

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