In the News
AB5 Enforcement and Trucking Updates from California’s Employment Development Department and the Department of Industrial Relations’ Labor Commissioner’s Office
By: Michael Mantovani, Esq. and Kristen MJ Johnson, Esq. The trucking industry continues to watch California carefully as the state’s labor offices prepare to begin enforcement of AB5, the law governing limitations on the hire of independent contractors. On August 24,...
Kristen Johnson on MadGaines Live – The basics of AB5 & Broker Liability
Brokering in the patchwork: Best practices to avoid liability for negligent selection
Originally published in CCJ on July 4, 2022. Republished with permission. All rights reserved. Bryan J. Nelson and John L. Marchione, contributors. United States Supreme Court on June 27 declined review of the Ninth Circuit Court of Appeals’ decision in Miller v. C.H....
Viewpoint: How a Supreme Court ruling will immediately affect California trucking
Originally published on Freightwaves July 1, 2022. Republished with permission. All rights reserved. John L. Marchione and Kristen M.J. Johnson The U.S. Supreme Court decision not to take up the case of the California Trucking Association v. Bonta lifts the stay of...
How to Easily Understand the California Misclassification Tests
Breaking Down Complex Law into Bite Sized Pieces On June 30, 2022, the United States Supreme Court declined to take up the Ninth Circuit’s decision in California Trucking Association v. Bonta, 996 F.3d 644 (9th Cir. 2021), setting the stage for California’s AB5 to...
JW Taylor and Kristen MJ Johnson selected as 2022 Super Lawyers
Two of our attorneys have been selected by Super Lawyers Magazine: congratulations J.W. Taylor and Kristen Johnson! JW Taylor has been selected to the 2022 Florida Super Lawyer List to which only 5% of attorneys are selected and Kristen Johnson has been selected to...
The FMCSA Seeks Guidance on Brokers and Bona Fide Agents
Deadline for Response July 11 By: John Marchione and Alyssa Milby The Federal Motor Carrier Safety Administration (“FMCSA”) has requested public comments on the growing question of what makes a broker a broker. The FMCSA breaks it down into a series of questions. The...
Protecting your intellectual property in the gig economy
Originally published in OpenForce - The Gig Academy Podcast on May 23, 2022. Republished with permission. All rights reserved. Non-compete agreements. Non-solicitation agreements. Inventions. And confidentiality. As a company that relies on independent contractor...
Taylor Johnson Obtains Ruling of FAAAA Preemption of Broker Negligence Claim in Federal Court
A federal court in Florida has held that the Federal Aviation Administration Authorization Act (FAAAA) preempts a negligence claim by a shipper against a broker for stolen goods. The case was brought by the shipper’s insurer, Aspen American Insurance Co. (Aspen),...
Scotlynn v. Titan Trans, a Beef About Beef: The Middle District of Florida Digs into the Carmack Amendment, Shipper and Broker Responsibility, and Contract Indemnity
Originally published in The Transportation Lawyer December 2021 issue. Republished with permission. All rights reserved. Kristen M.J. Johnson and John L. Marchione On August 20, 2021, the U.S. District Court for the Middle District of Florida issued an extensive,...
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