While the transportation and logistics world has naturally been occupied with rapidly developing circumstances surrounding the COVID-19 crisis, the United States Court of Appeals for the Ninth Circuit has delivered a...more
Both the speed of business disruption and depth of uncertainty created by COVID-19 have been unparalleled in our experience. Developments over the past week alone have emerged at an exponential rate and have impacted every...more
Both the speed of business disruption and depth of uncertainty created by COVID-19 have been unparalleled in our experience. Developments over the past week alone have emerged at an exponential rate and have impacted every...more
3/20/2020
/ Boycotts ,
Coronavirus/COVID-19 ,
Department of Transportation (DOT) ,
Emergency Response ,
Misclassification ,
State of Emergency ,
Supply Chain ,
Trade Secrets ,
Transportation Industry ,
Trucking Industry ,
TSA
The Federal Motor Carrier Safety Administration (“FMCSA”) has issued an Emergency Declaration for motor carriers and drivers providing direct assistance in support of relief efforts related to the COVID-19 outbreaks. The...more
On January 16, 2020, finding that “California runs off the road and into the preemption ditch,” Judge Roger Benitez of the United States District Court for the Southern District of California issued his decision granting a...more
1/17/2020
/ ABC Test ,
Borello Test ,
Commercial Truck Drivers ,
Employee Definition ,
Employer Liability Issues ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Independent Contractors ,
Misclassification ,
Motor Carriers ,
Owner-Operators ,
Preemption ,
State Labor Laws ,
Trucking Industry ,
Wage and Hour
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
1/14/2020
/ Business Model ,
Commercial Truck Drivers ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Independent Contractors ,
Motor Carriers ,
Owner-Operators ,
Preliminary Injunctions ,
Time Extensions ,
Transportation Industry ,
TRO ,
Trucking Industry
Champagne bottles popped earlier than expected on New Year’s Eve when Judge Roger T. Benitez of the United States District Court for the Southern District of California granted a temporary restraining order prohibiting the...more
1/2/2020
/ ABC Test ,
Commerce Clause ,
Commercial Truck Drivers ,
Dormant Commerce Clause ,
Employee Definition ,
Employment Contract ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Independent Contractors ,
Motor Carriers ,
Preemption ,
Transportation Industry ,
TRO ,
Trucking Industry
On December 28, 2019, the limitation of liability for cargo lost or damaged during international air transportation between countries that are signatories to the Montreal Convention (the “Convention”) will increase from 19...more
The Ohio Trucking Association successfully led and won the fight to enact House Bill 62 (the “Bill”) in an effort to assist its members in standardizing the administrative processes that burden motor carriers using...more
On January 15, 2019, in a very disappointing decision for the trucking industry regarding the application of arbitration provisions in motor carrier-independent contractor service agreements, the U.S. Supreme Court...more
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
“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
11/19/2018
/ Brokers ,
Buyers ,
Commerce Clause ,
Contract Claims ,
Imports ,
International Freight ,
International Treaties ,
Letter of Credit ,
Preemption ,
Public Procurement Policies ,
Sellers ,
Shipping ,
Shipping Cargo ,
Supply Chain ,
Tariffs ,
Transportation Industry ,
Wrongful Death
Technology has increasingly served a critical—and sometimes transformational—role for providers and commercial users of transportation and logistics services. Automation, 3D printing, the Internet of Things, mobile...more
Many outside of over-the-road motor carriers are taking notice of the looming Electronic Logging Device Mandate (ELD Mandate). We are seeing raised hands with many questions and some confusion at this very moment from a wide...more
12/11/2017
/ Blockchain ,
Commercial Truck Drivers ,
Employer Liability Issues ,
FMCSA ,
Misclassification ,
Motor Carriers ,
Open Source Software ,
Smart Contracts ,
Trucking Industry ,
Uber ,
Wage and Hour
On June 27, 2017, the National Academy of Sciences (“NAS”) released its highly anticipated report on the Compliance, Safety, and Accountability (“CSA”) initiative as mandated by Congress in the Fixing America’s Surface...more
As any mergers and acquisitions (M&A) practitioner knows, one of the keys to a successful transaction is ensuring that all of the moving pieces come together smoothly at the appointed time for closing. Regulatory issues...more
In May 2016, the Department of Labor released its long-awaited Final Rule on changes to the Fair Labor Standards Act (FLSA). The Final Rule—which will take effect in three months—will impact transportation employers...more
As most readers are aware, Hanjin Shipping Co. Ltd. (“Hanjin”) commenced insolvency proceedings in South Korea on August 31, 2016. Shippers, motor carriers, transportation intermediaries, and others are scrambling to react...more
Introduction: Carmack Boundaries and the Blurring of Unloading Functions -
Under the Carmack Amendment, a carrier is liable for the actual loss of goods which “arrive” damaged 49 U.S.C. §4706(a)(1). But when does that...more
Out Like A Lion?
The waning weeks of calendar year 2015 witnessed a remarkable convergence of regulatory and legislative activity affecting the transportation industry. For instance, the Federal Motor Carrier Safety...more
1/8/2016
/ Chapter 15 ,
Commercial Truck Drivers ,
Fixing America’s Surface Transportation Act (FAST Act) ,
FMCSA ,
Food and Drug Administration (FDA) ,
Freight Forwarding ,
FSMA ,
NVOCCs ,
Reporting Requirements ,
Subcontractors ,
Trade Credit
Magic makes the impossible possible. Federal preemption aims at a similarly lofty goal. After all, the power to preempt a plaintiff’s state law claims is the power to transform a plaintiff’s entire case in a radical and...more
10/19/2015
/ Airline Deregulation Act ,
Airlines ,
Americans with Disabilities Act (ADA) ,
Attorney's Fees ,
Employee Retirement Income Security Act (ERISA) ,
Federal Aviation Administration (FAA) ,
Freight Forwarding ,
Preemption ,
State Law Claims ,
Surface Transportation ,
Treble Damages ,
Unfair or Deceptive Trade Practices
Shippers who are used to doing business with motor carriers often present freight brokers with a shipper-carrier agreement (often described as a “Motor Carrier Agreement”) of one kind or another to serve as the basis of a...more
8/27/2015
/ Commercial General Liability Policies ,
Commercial Truck Drivers ,
Delivery Drivers ,
Employee Definition ,
Employer Liability Issues ,
FedEx ,
Freight Forwarding ,
Independent Contractors ,
Maritime Transport ,
Motor Carrier Act ,
Motor Carriers ,
Shipping Cargo ,
Trucking Industry ,
Wage and Hour ,
Waterborne Freight Transportation
Shippers who are used to doing business with motor carriers often present freight brokers with a shipper-carrier agreement (often described as a “Motor Carrier Agreement”) of one kind or another to serve as the basis of a...more
8/5/2015
/ Brokers ,
Commercial Truck Drivers ,
Employer Liability Issues ,
Federal Admiralty Law ,
FedEx ,
Freight Forwarding ,
Independent Contractors ,
Infrastructure ,
Misclassification ,
Motor Carriers ,
Trucking Industry
Will Rogers once quipped that “I don’t make jokes; I just watch the Government and report the facts.” While most Americans can probably identify with that observation to one extent or another, the government unquestionably...more
Federal and state law have long established that a shipper cannot prevail in a freight claim against a carrier if an “Act of God” caused the freight damage, loss, or delay in question. This “Act of God” defense is available...more