The Riddle of the Broker: How Brokers’ Expanding Roles Expand Their Liability
This article explains how freight brokers may inadvertently expand their risk of liability in cargo loss or accident cases, by making representations designed to increase its business and by providing services like those provided by motor carriers. The difference between a freight broker and a motor carrier can become blurred by the actions they take and by the documents they utilize, leading to uncertain and potentially increased liability.
Laws of Motion: Where Cargo at Rest is in Transit, and Vice Versa
This Article explores the often unclear meaning and inconsistent application of the phrase “due course of transit” found in cargo insurance policies, and analyzes when transit begins, when a stop-over ends transit, and when does transit otherwise end.
If They Aren’t Cheating – They’re Not Trying: Some Members of the Plaintiff Bar and Their Experts Have Been Pointing to the CDL Manual as an Authoritative Standard of Care, Despite Conflicting-and Even Contrary-State Law
This article analyzes cases throughout the country where plaintiff’s attorneys have attempted to create or change the standard of care by the use of manuals designed for use by commercial drivers to prepare for their knowledge and skills testing. With increasing frequency, plaintiff’s experts have been testifying that such manuals establish or represent the industry standard. As explained in the article, the key questions of whether CDL manuals should be admitted into evidence, or even referenced at trial, are answered differently by state and federal judges around the country.
Autonomous Vehicles, Drones and Torts: What Transportation Lawyers Need to Know
This extensive article provides an overview of the expected tort claims and causes of action that may arise as drone delivery becomes more commonplace. Products liability law is explained as it may relate to drones, including a summary of Canadian products liability laws.
Federal Motor Carrier Safety Administration's Response to Covid-19
This article explains how the trucking industry and the Federal Motor Carrier Safety Administration (“FMCSA”) have reacted to the Covid-19 crisis, including the FMCSA’s Emergency Declaration granting certain exemptions to motor carriers and drivers providing direct assistance and relief related to Covid-19 outbreaks.