5/6/25
On April 29, 2025, the Washington Court of Appeals, Division II, found that drivers with a CDL have an enhanced duty of reasonable care, encompassing their knowledge and expertise as a CDL driver.
The case …
Category: Transportation
FMG convinces Eleventh Circuit to find for client on competing “other insurance” clauses
12/27/24
By: James G. Bozza and Jessica C. Samford
In a published opinion, the Court of Appeals for the Eleventh Circuit has held that purely excess language in one “Other Insurance” clause makes that policy excess over another policy that allows …
6/18/24
Freight brokers across Texas and the country were delivered two significant recent wins in the Eastern and Southern Districts of Texas.
In the Eastern District case, Hamby, et al. v. Wilson, et al., a trucker, …
10/2/23
By: Kingshuk K. Roy
Was a principal-agent relationship established between a freight broker and the driver of the trucking company it contracted to haul a load? This was the question put before the First District Appellate Court in Cornejo v. …
8/23/23
Last month, the Seventh Circuit joined the Eleventh Circuit by deciding that state law-based negligence claims are preempted by the Federal Aviation Administration Authorization Act (“FAAAA”). In 1994, Congress sought to deregulate the trucking industry upon …
Punitive damages are now permitted to be sought in Illinois wrongful death and survival actions
8/14/23
By: Jonathan Schwartz, Kingshuk K. Roy, and Donald Patrick Eckler
On August 11, 2023, Governor Pritzker signed HB 219, which amended 740 ILCS 180/1, 740 ILCS 180/2, and 755 ILCS 5/27-6, to allow punitive damages to be recoverable …
Class Action Against Class I Rail Operator, Norfolk Southern
5/30/23
By Joshua G. Ferguson and Nicholas J. Hubner
Arising from a freight train derailment of February 3, 2023, in East Palestine, Ohio, groups from three states including Ohio, Pennsylvania, and West Virginia recently filed a class action lawsuit against the …