Federal Aviation Administration Authorization Act

Stolen load of cellphones involving RXO may be another key broker liability case

A case involving giant 3PL RXO has the potential to add another decision to the body of law regarding broker liability.

RXO (NYSE: RXO) brokered a shipment of cellphones for phone reseller PCS Wireless. The shipment was booked a few months before RXO was spun off as a standalone 3PL by XPO, and RXO is identified in the initial lawsuit as “f/k/a” – formerly known as – XPO (NYSE: XPO).

The shipment totaled about 54,000 phones with a value of approximately $11.5 million. They were to move from Texas...

https://www.freightwaves.com/news/stolen-load-of-cellphones-involving-rxo-may-be-another-key-broker-liability-case

Supreme Court rejects review in broker liability case, leaving the issue unresolved

The Supreme Court has again rejected a review of the question of broker liability in a case involving the death or injury of a person struck by a truck that was booked by a 3PL.

However, unlike the case of Miller v. C.H. Robinson, this rejection is considered a victory for the brokerage industry.

In a long list of denials of certiorari posted Monday, the court without comment said it would not review the appeal brought by Ying Ye, the widow of a man killed in 2017 in an accident in Texas. Ye’s...

https://www.freightwaves.com/news/supreme-court-rejects-review-in-broker-liability-case-leaving-the-issue-unresolved

Check Call: The Supreme Court and broker liability 

Welcome to Check Call, our corner of the internet for all things 3PL, freight broker and supply chain. Check Call the podcast comes out every Tuesday at 12:30 p.m. EST. Catch up on previous episodes here. If this was forwarded to you, sign up for Check Call the newsletter here.

In this edition: The Supreme Court is petitioned to rule on freight brokers and F4A, and it’s been a rough year for brokerages. 

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Broker liability, it’s something that haunts every broker’s nightmares. What...

https://www.freightwaves.com/news/check-call-the-supreme-court-and-broker-liability

Will Supreme Court resolve conflicting rulings on broker liability?

Now the wait begins.

There is no clear timeline for when the U.S. Supreme Court will rule on a review petition filed earlier this month by Ying Ye, the widow of a man killed by a truck that was brokered by GlobalTranz.

The 7th U.S. Circuit Court of Appeals ruled in July that the Federal Aviation Administration Authorization Act (F4A) blocked GlobalTranz from being held liable for the death of Shawn Lin, Ye’s husband. Lin was riding a motorcycle in November 2017 when he collided with a truck...

https://www.freightwaves.com/news/will-supreme-court-resolve-conflicting-rulings-on-broker-liability

3PLs get fresh legal win in fight to block liability in truck accidents

A brokerage has once again been found not to be liable for a fatal accident, adding to a conflicting body of law that the legal industry hopes may eventually make its way to the Supreme Court.

And to add a twist to the case involving UPS (NYSE: UPS) subsidiary Coyote Logistics, the load in question was double brokered, and Coyote didn’t hire the carrier involved in the October 2020 wreck on Interstate 81 in Lackawanna County, Pennsylvania. Not only that, the decision by Judge Karoline Mehalchick...

https://www.freightwaves.com/news/3pls-get-fresh-legal-win-in-fight-to-block-liability-in-truck-accidents

FMCSA’s erratic history on meal/rest break preemption

WASHINGTON — The Federal Motor Carrier Safety Administration’s announcement last week that it will consider waiving federal preemption over meal and rest breaks laws in California and Washington caught some off guard, given that in 2018 the agency determined that those state regulations were preempted by the FMCSA’s own authority.

That determination, made at the request of the American Trucking Associations, was based in part on FMCSA’s opinion at the time that, with safety being the agency’s...

https://www.freightwaves.com/news/fmcsas-erratic-history-on-mealrest-break-preemption

Different court findings of broker liability raise prospect of another Supreme Court trip 

A decision handed down Tuesday in favor of 3PL GlobalTranz sets up the possibility of another attempt to have the Supreme Court review the issue of broker liability when things go horribly wrong on the road.

The 7th Circuit Court dismissed an appeal from Ying Ye, the widow of Shawn Lin, who was killed in November 2017 while riding a motorcycle that collided with a truck operated by carrier Global Sunrise. That carrier, with a safety record described in the court documents as less than stellar,...

https://www.freightwaves.com/news/different-court-findings-of-broker-liability-raise-prospect-of-another-supreme-court-trip

News Alert: Appeals court denies request to rehear AB5 decision

A decision by a federal appeals court on Monday could allow California to begin enforcing its independent contractor law over the trucking industry in as soon as one week.

In a 2-1 decision, the U.S. Court of Appeals for the 9th Circuit denied a petition filed last month by the California Trucking Association (CTA) for an en banc rehearing of the court’s April decision that removed a lower court’s injunction exempting the trucking industry from the independent contractor law known as AB5. The...

https://www.freightwaves.com/news/news-alert-appeals-court-denies-request-to-rehear-ab5-decision