By: Sophia L. Bernard, Esq.|Amelia Kozlowski, Esq.|Mercy Roberg, Esq. The Middle District of Florida has decided that Aspen American Insurance Company will not get another bite at the preemption apple. As you may recall from Taylor Nelson’s April 14, 2023 and July 19,...
In the News
Transportation
Taylor Nelson’s victory last year in the 11th Circuit paves the way for dismissal of auto negligence case against another broker on preemption grounds in the northeast
By: Todd C. Rubenstein, Esq. Last week, the Middle District of Pennsylvania added its name to the growing number of jurisdictions that are finding negligence claims asserted against brokers to be preempted by the Federal Aviation Administration Authorization Act...
The Seventh Circuit Takes the High Road by Ruling Negligent Hiring Claims Against Brokers are Preempted by the Federal Aviation Administration Authorization Act (FAAAA)
By: Bryan J. Nelson, Esq., Alyssa Milby, Esq., & Elle Slattery, Esq. Unlike most major historical events, you likely don’t remember where you were on September 28, 2020. Unfortunately, I do. I remember working remotely from my home and going about my day as...
Taylor Johnson Secures a Summary Judgment Victory Regarding Liability Limitations
Carriers, Don’t Look Up! Taylor Johnson Secures a Summary Judgment Victory Regarding Downstream Carriers’ Ability to Invoke Protections of Upstream Liability Limitations. By: Bryan J. Nelson, Esq. On Wednesday, June 28, 2023, the United States District Court for the...
Dispatch Services remain on the fence between Broker and Bona Fide Agents
By: Bryan J. Nelson, Esq. On June 15, 2023, the Federal Motor Carrier Safety Administration (“FMCSA”) issued final guidance regarding its “interpretation of the definitions of ‘broker’ and ‘bona fide agents’ as it relates to all brokers of transportation by motor...
Taylor Johnson Obtains Significant Appellate Ruling on FAAAA Preemption of Negligence Claims Against Broker
By John L. Marchione, Esq. On Thursday, April 13, 2023, the Eleventh Circuit Court of Appeals affirmed a lower court ruling in favor of transportation broker Landstar Ranger, Inc. (Landstar) and against an Aspen American Insurance Company (Aspen). The Court found that...
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...
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