News & Analysis as of

Commercial Truck Drivers Transportation Industry

Jackson Lewis P.C.

Ninth Circuit Continues to Expand Transportation Worker Exemption Under Federal Arbitration Act

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Courts are finding more workers who do not physically transport goods or people across state lines to be transportation workers exempt from arbitrating their claims under the Federal Arbitration Act (FAA). The U.S. Court 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

Amundsen Davis LLC

Federal Court Invalidates Parts of the US DOL’s Davis-Bacon Act (DBA) Rule – Particularly Impacting the Transportation of Supplies...

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On June 24, 2024, a federal district court judge enjoined parts of the United States Department of Labor’s (US DOL's) August 23, 2023 prevailing wage rule that greatly expanded the definition of “construction” on federal...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

Benesch

International Roadcheck Is Coming Soon

Benesch on

The Commercial Vehicle Safety Alliance’s (CVSA) International Roadcheck (Roadcheck) is scheduled for May 14-16, 2024. Roadcheck is an annual high-visibility, high-volume commercial motor vehicle inspection and regulatory...more

Ward and Smith, P.A.

How Can a Truck Accident Lawyer Help?

Ward and Smith, P.A. on

Our economy depends on commercial trucking. In 2021, there were 13.86 million trucks registered, and they traveled a total of 327.48 billion miles in that year alone. In 2022, large trucks transported 72.6% of the total...more

Morris, Manning & Martin, LLP

Georgia Senate Passes Bill That Would End Direct Action Suits Against Truck Insurers

Senate Bill 426 would bar a plaintiff injured by a motor carrier from suing the motor carrier’s insurer directly unless (1) the plaintiff cannot serve the driver or trucking company or (2) the trucking company defendant is...more

Chartwell Law

The Chartwell Chronicles: Trucking

Chartwell Law on

In Episode 27 of The Chartwell Chronicles, hosts Colin Davis and Brittany Atkinson are joined by special guest Garner Berry from our Ridgeland, MS office to discuss trucking claims. Colin, Brittany, and Garner cover a variety...more

Cozen O'Connor

Democratic AGs Try to Drive a Truck Through Arbitration Act Exemption

Cozen O'Connor on

A group of 16 Democratic AGs filed an amicus brief before the U.S. Supreme Court in Bissonnette v. LePage Bakeries, urging the reversal of a lower court’s holding that truck drivers for non-transportation companies do not...more

Benesch

Biometric Bombshells: Twin Shots Across the BIPA Bow

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Effective development and deployment of innovative technology is often a key differentiator among providers of transportation and logistics-related services. Of course, innovation can also create certain risks that must be...more

Shumaker, Loop & Kendrick, LLP

Checklist for Booking Shipments via Brokers

With the effects of the pandemic and recession being felt through­out the transportation industry, our firm has seen an increase in claims by unpaid motor carriers against shippers and consignees for nonpayment, where the...more

Weber Gallagher Simpson Stapleton Fires &...

2023 Commercial Transportation Litigation Trends and Best Practices

Increased traffic leads to an increase in accidents, which consequently leads to an increase in litigation. Every year, more and more commercial transportation entities are pulled into litigation and the risks and...more

BakerHostetler

Second Circuit Again Considers if Bakery Goods Drivers Are Excluded Under the FAA Because They Are “Transportation Workers”. The...

BakerHostetler on

While the Supreme Court’s opinion in Southwest Airlines Co. v. Saxon, 142 S. Ct. 1783 (2022), brought needed clarity to the analysis of the class of workers excluded as “transportation workers” by the residual clause of the...more

Benesch

Time to Adapt: U.S. Supreme Court Declines Review of California Assembly Bill No 5

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Unfortunately, today, June 30, 2022, the U.S. Supreme Court delivered a deeply disappointing loss to the transportation industry and supply chain interests throughout the country by declining to review the California Trucking...more

Benesch

A Powerful “One-Two” Punch: NLRB and DOL Signal Contractor Classification Crackdown

Benesch on

Transportation providers would do well to pay close attention to twin developments unfolding before the NLRB and the DOL that could have a very detrimental effect on those providers who use independent contractors as drivers,...more

A&O Shearman

Propel: Gearing up with Embark to transform the USD700 billion trucking industry

A&O Shearman on

In the latest episode of our Propel podcast, New York partner Paul Keller talks with Siddhartha M. Venkatesan, Chief Legal Officer of Embark Trucks—the longest-running self-driving truck program in America. Listen to the...more

Roetzel & Andress

Ohio CDL Manuals Do Not Alter The Standard Of Care For Truck Drivers

Roetzel & Andress on

A recent opinion by an Ohio Federal Court rejects an argument frequently made by the plaintiffs’ bar in truck accident cases –that commercial truck drivers should be held to a higher standard of care because they are...more

Shumaker, Loop & Kendrick, LLP

Client Alert: Unpaid Motor Carrier Claims: What Shippers Can Do to Reduce the Risk of Liability When Using Third-Party Brokers

With the effects of the ongoing pandemic and ever-changing economic conditions being felt throughout the transportation industry, our firm has recently seen an increase in claims by unpaid motor carriers against shippers and...more

Holland & Knight LLP

Ninth Circuit Decides Federal Law Preempts California Meal and Rest Break Rules

Holland & Knight LLP on

The anticipated decision by the U.S. Court of Appeals for the Ninth Circuit in Teamsters v. FMCSA dealing with federal preemption of California meal and rest breaks for motor carriers, highlighted in a previous Transportation...more

Holland & Knight LLP

Federal Motor Carrier Safety Administration Requests Public Comments on Broker Transparency Petitions

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The Federal Motor Carrier Safety Administration (FMCSA) requested public comments on petitions for rulemaking backed by owner-operator/small-fleet groups to address the transparency of broker rates. The notice is in response...more

Benesch

Don’t Text on Me! Avoiding TCPA Liability for Texting Drivers, Customers and Employees in the COVID Era

Benesch on

Even prior to the COVID era, the transportation and logistics industry was seeing an increased prevalence of instantaneous technological contact, via texts, for all types of logistics protocols and practices. Transportation...more

Butler Weihmuller Katz Craig LLP

Butler's Thursday Tips | Little Black Box

In this week's Thursday Tip, attorney Paula Solano discusses the use of ECMs in Third-Party vehicle claims. #ButlerLegal #Law #VehicleAccidents #BlackBox ...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Department of Transportation Issues Notice on Use of CBD Products by Safety-Sensitive Employees

The Department of Transportation’s (DOT) recent notice on the use of cannabidiol (CBD) products serves as a warning to employees in DOT-defined safety-sensitive positions. While the DOT has always had clear regulations...more

Parker Poe Adams & Bernstein LLP

Reminder: Federal Requirements for Entry-Level Driver Training Delayed Until 2022

In 2016, the Federal Motor Carrier Safety Administration announced final regulations revising mandatory training requirements for entry-level commercial motor vehicle operators who are required to possess a commercial...more

Benesch

InterConnect FLASH! No 77: California AB5 Litigation Update - The TRO is Extended

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Yesterday, on January 13, 2020, Judge Benitez of the United States District Court for the Southern District of California extended the temporary restraining order previously entered in the litigation brought by the California...more

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