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 […]
SECTION 7 CONUNDRUM
Reproduced with the Permission of Miles L. Kavaller One of the most often asked questions by carriers is whether they may collect freight charges from a consignee in the absence of payment by the consignor. The answer depends on the bill of lading. Generally speaking, the consignor is the party with whom the carrier has […]
CARRIER DISCOUNTS-WHO HAS TO KNOW
Reproduced with the Permission of Miles L. Kavaller A question from one of our members: Is a motor carrier required to show all charges and discounts on the freight bill invoice to the consignee where the freight charges are prepaid? The Answer: It depends. (The typical lawyer answer!) The ICC Termination Act provides guidance in […]
CARGO INSURANCE
CARGO INSURANCE DOES NOT ALWAYS PAY FOR ATTORNEYS FEES Reproduced with the Permission of Miles L. Kavaller Insurance plays a significant role in transportation activities. Motor carriers are required by law to maintain automobile liability and cargo insurance to cover their transportation operations. Many shippers also have cargo coverage for their shipments in transit. When […]
BROKERS, FORWARDERS AND MOTOR CARRIERS
WHO IS RESPONSIBLE FOR CARGO CLAIMS? Reproduced with the Permission of Miles L. Kavaller Recently I represented a client which had arranged for the transportation of a series of shipments to and from Alaska. It contacted a company which obtained the carriers for, and coordinated these shipments. A truck transporting airline pallets which had been […]
Dealing with Brokers – “Caveat Emptor”
Reproduced with the Permission of Miles L. Kavaller The term “broker” is defined in the ICC Termination Act as: “…a person, other than a motor carrier or an employee or agent sells, offers for sale, negotiates for, or holds itself out by solicitation, advertisement, or otherwise, as selling, providing, or arranging for, transportation by motor […]
