THE SCOTUS DENIES PETITION FOR CERTIOARI IN CALIFORNIA TRUCKING ASSOCIATION v. BONTA: What’s Next for the Trucking Industry?
By Miles L. Kavaller Federal preemption of California’s AB5i under the F4Aii was at issue in the U.S. Supreme Court’s denial of the petition for a writ of certiorari to the United States Court of Appeals for the Ninth Circuit in California Trucking Assn. v. Bontaiii None of the 8 justices voted to grant the […]
Dynamex Operations West, Inc. v. Superior Court, 2018 DJDAR 3856
By Miles L. Kavaller On April 30, in Dynamex Operations West, Inc. v. Superior Court, 2018 DJDAR 3856, the California Supreme Court adopted a new test for classifying workers as independent contractors, “the ABC test.” While it could have at least recommended that the California Legislature examine the issues, this activist judicial body ironically adopted […]
WORKER MISCLASSIFICATION: CAN OWNER-OPERATORS IN THE INTERSTATE TRUCKING BUSINESS REMAIN INDEPENDENT CONTRACTORS?
By Miles L. Kavaller “Wage theft” is the newest metaphor for truck driver claims as reported in a piece in the Los Angeles Times, Business Section at page 2, Tuesday July 8, 2014: “Some port truckers walk off job”. According to this report the truckers said that they are improperly classified as independent contractors leaving […]
Jurisdiction Over Motor Carriers, Brokers and Forwarders: BOC-3 Consent vs. Presence.
By J. Scott McMahon and Miles Kavaller —Miles Kavaller Several years ago, while attending an industry function, a colleague and I were causally discussing jurisdiction in federal court litigation. My respected colleague informed me that the filing of a BOC-3[i] with the Interstate Commerce Commission, many of whose functions were transferred to the Federal Motor […]
Negligence Liability for Brokers: Miller v. C.H. Robinson Worldwide, Inc., 2020 U.S. App. LEXIS 30751 (9th Cir. 2020)
By Miles L. Kavaller Conventional wisdom might suggest that a broker cannot be held liable for the damages suffered in a personal injury case. [i] But Schramm v. Foster[ii] recognized a cause of action for negligent hiring under Maryland law. [iii] Evidence of negligent hiring can be found by consulting FMCSA statistics which at the […]
