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...
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...
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),...
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,...
Winter Haven Continues to be Recognized as a Critical Supply Chain Asset in Florida Taylor Johnson PL’s headquarters city of Winter Haven, centrally located in one of Florida’s most vital inland ports, has been the first city in the State of Florida to receive funding...
Recent Ruling: Kristen Johnson, Partner, Provides Perspective on Florida Billion-Dollar Verdict Reality A Florida jury has set a new record for nuclear verdicts against a trucking company. On August 24, 2021, a jury determined that two trucking companies were...
Originally published in CCJ on September 2, 2021. Republished with permission. All rights reserved. During the week of Aug. 23, a Florida federal court issued an extensive 59-page opinion and order in a five-year saga over a cargo claim involving a truckload of beef...
The U.S. District Court for the Middle District of Florida has issued an extensive opinion and order in a three-year saga over a cargo claim involving a truckload of beef that had shifted in transit. The decision provides clarity on several important legal issues for...
This matter is before the Court after a three-day bench trial on a claim brought under the Carmack Amendment to the Interstate Commerce Act. See 49 U.S.C. § 14706. Plaintiff Scotlynn USA Division, Inc. (“Scotlynn”) is a motor freight brokerage company, which contracts with others to transport freight throughout the country. Defendant Titan Trans Corporation (“Titan”) is a motor carrier, which, from at least May 12, 2014 through September 30, 2016, transported freight by truck. The issue is whether Titan is liable to Scotlynn for damage to a cargo of raw beef (the “Cargo”), where the cardboard containers in which the beef was packaged tipped over inside the trailer of Titan’s truck during transportation.
Enterprise Risk Management & Tort Reform As judgments in trucking accident lawsuits continue to rise at an alarming rate, the transportation industry is grappling to find ways to cope with the ramifications of these "Nuclear Verdicts." Smart structuring, good...
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