News & Analysis as of

Transportation Industry Wrongful Death

Akerman LLP

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

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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

Phelps Dunbar

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

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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

Marshall Dennehey

Florida Court Holds Uber is Not Vicariously Liable for Driver’s Negligence in Fatal Accident

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Campo v. Uber Technologies, Inc., 2025 WL 15388 (Fla. 3d DCA 2025) - Florida’s Third District Court of Appeals affirmed summary judgment for Uber Technologies, Inc. and affiliated defendants (collectively Uber), holding Uber...more

Husch Blackwell LLP

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

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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

Benesch

Trailer Manufacturing, Leasing, Interchange Liability

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The trucking industry recently received 450 million reasons to pay closer attention to best practices for trailer safety and the business relationships involving trailer use. On September 5, 2024, plaintiffs suing trailer...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

Weber Gallagher Simpson Stapleton Fires &...

Pending Revision to NY Wrongful Death Law Will Increase Exposure to Trucking Companies

New York’s “Grieving Families Act,” Senate Bill S74A, has been brought to Governor Kathy Hochul’s desk for approval or veto after passing the New York Senate Assembly. The bill, which is expected to be signed into law, will...more

Holland & Knight LLP

D.C. Circuit Affirms Forum Non Conveniens Dismissal of Flight MH370 Claims

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The U.S. Court of Appeals for the District of Columbia Circuit recently affirmed the forum non conveniens dismissal of wrongful death and product liability claims brought by personal representatives and beneficiaries of...more

Vedder Price

Federal Safe Harbor from Liability Expanded for Aircraft Lenders and Lessors

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After many years of congressional stalemates, the long awaited five-year reauthorization for the Federal Aviation Administration (the FAA) became federal law when signed by President Trump on October 5, 2018 (the...more

Vedder Price

Global Transportation Finance Newsletter - December 2018

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In This Issue: - Federal Safe Harbor from Liability Expanded for Aircraft Lenders and Lessors - ICAO CORSIA Update: Compliance Complexities Under ICAO’s New Carbon Offsetting Scheme Federal Safe Harbor from Liability...more

Holland & Knight LLP

MDL Court Dismisses Malaysia Airlines Flight MH370 Cases on FNC Grounds

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On Nov. 21, 2018, multidistrict litigation (MDL) Judge Ketanji Brown Jackson dismissed all pending wrongful death cases arising from the disappearance of Flight MH370 on forum non conveniens (FNC) grounds. The court concluded...more

Benesch

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

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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

Benesch

InterConnect - Fall 2018

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“It Was A Very Good Year” (For Freight Brokers) - 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...more

Snell & Wilmer

Snell & Wilmer Defends Trucking Company and Truck Driver

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Snell & Wilmer attorneys recently defended Phenix Transportation West and its driver Ray Jackson in a trucking accident case. The trial lasted eight days and was tried in Maricopa County Superior Court. Kelly Wilkins tried...more

Searcy Denney Scarola Barnhart & Shipley

Tennessee Father Produces Video for Trump – To Change Dangerous Guardrail Ends

In 1995, I recall being given the opportunity to help Billy Hungerford; who was horrifically and tragically injured as a result of a defective guardrail. Since that time my law firm has handled injuries from defective guard...more

Bradley Arant Boult Cummings LLP

The Importance of Maintaining a Safe Construction Site

In October, a Florida jury found a general contractor liable for $45 million for the death of a motorist killed by one of the contractor’s trucks pulling out of a road construction job site. The case highlights the importance...more

Troutman Pepper Locke

February 2017 Independent Contractor Misclassification and Compliance News Update

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Four of the eight court cases we report on below in our February 2017 monthly update of IC misclassification cases involve Uber, and each of those cases were victories for the ride-sharing, on-demand company. Although none of...more

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