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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Personal Injury and Med Mal

Date & Time
  • event Date

    Thursday, September 28, 2023

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$197.00
CLE
ALL

This CLE webinar will discuss defending freight brokers from claims of negligence and vicarious liability after a trucking accident. The panel will discuss the significance of Ying Ye v. GlobalTranz Enterprises Inc., No. 22-1805 (7th Cir. July 18, 2023) and new Federal Motor Carrier Safety Administration (FMCSA) guidance regarding, among other things, the interpretation of the definitions of "brokers" and "bona fide agents."

Faculty

Jeffrey P. Miller
Partner
Gentry Locke Attn

Mr. Miller is a member of the firm’s Civil Defense Litigation practice group. He represents his clients in Virginia’s state and federal courts across a wide variety of practice areas, including transportation, hospitality, defamation, and business disputes, both at the trial and appellate level. Mr. Miller has tried dozens of cases, defeated multiple claims at the motions stage, and served as second chair on multi-million-dollar brain injury trials before Virginia juries.

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Bradley A. Bertkau
Partner
Canty Novy Bertkau Gordon, LLC

Mr. Bertkau provides litigation defense for large and small corporations and individuals, including cases where his clients are self-insureds or insured by insurance companies. He primarily concentrates his practice on legal representation in all areas of transportation litigation, including casualty claims, cargo claims, and insurance coverage. Mr. Bertkau also provides legal representation for cases involving all areas of construction litigation, including construction injury and construction defect litigation. He handles matters from the initial inception of a claim through trial, including post-judgment appellate work. Mr. Bertkau's responsibilities include managing clients' files from the event/incident through resolution, and he works with clients to prepare and implement a strategy for defense from the initial investigation. His litigation experience extends throughout the state of Illinois.

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Description

Persons injured in trucking accidents often sue brokers and other "transportation intermediaries," who can become liable under theories such as negligent hiring/negligent entrustment, vicarious liability, or by assuming liability in a contract. Two recent legal events may have changed these options.

First, the FMSCA, on June 16, 2023, published final regulatory guidance on the definitions of "brokers" and "bona fide agents," the role of dispatch services in the transportation industry, the activities of load boards, how to determine when a dispatch service is acting as a broker or bona fide agent, and factors indicating when a dispatcher does and does not require broker authority. In addition, the FMCSA clarified the final penalties for unauthorized brokerage activities.

Second, the Seventh Circuit in Ying Ye v. GlobalTranz Enterprises Inc. joined the Eleventh Circuit in holding that the Federal Aviation Administration Authorization Act (FAAAA) preempts negligence claims against freight brokers, notwithstanding an exception under the FAAAA that preemption does not apply to "the safety regulatory authority of a State with respect to motor vehicles." Attorneys in this area will need guidance about the scope of preemption and whether any state law causes of action remain available.

Listen as our panel of experienced trucking litigators discusses the impact of these events on claims against brokers and other transportation intermediaries.

Outline

  1. Theories of liability against brokers/ transportation intermediaries
  2. Effect of FMCSA guidance of theories of liability and defenses
  3. Effect and limits of Ying Ye v. GlobalTranz

Benefits

The panel will review these and other key issues:

  • How does final regulatory guidance on the definitions of "brokers" and "bona fide agents" and other matters help in defending brokers or others?
  • How does the rationale in the Seventh and Eleventh Circuits compare?
  • What claims are not preempted under the FAAAA?