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Brokers Negligence Preemption

Troutman Pepper

EDVA Judge Dismisses Negligence and Bailment Claims for Damage to Property Stored in Warehouse

Troutman Pepper on

Parties involved in contract disputes often desire to avoid contractual limitations on recovery, fostering creative attempts to transform breach of contract claims into tort or other noncontractual causes of action. Such...more

Benesch

Two Out Of Three Ain’t Bad: The Seventh Circuit Enters a Huge Win for the Freight Brokerage Industry

Benesch on

The freight brokerage industry began humming Meat Loaf’s 1977 power ballad earlier today when the U.S. Court of Appeals for the Seventh Circuit became the third federal appellate court to consider the extent to which...more

Holland & Knight LLP

11th Circuit Rules Negligence Claim Against Broker Preempted, Creating Circuit Split

Holland & Knight LLP on

Freight brokers are often sued for negligence when there is cargo damage or personal injury involving a motor carrier hired by the broker. Personal injury claims in particular can involve damages in the tens and hundreds of...more

Sands Anderson PC

New Avenue for Motor Carriers and Brokers to Remove Cases to Federal Court

Sands Anderson PC on

Earlier this year in Desiree Luccio and Reed Frerichs v. UPS Co., the Southern District of Florida brought good news for motor carriers and brokers. This case involved UPS’ intrastate transportation of frozen embryos. The...more

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