Defending Freight Brokers and Transportation Intermediaries: New FMCSA Guidance; Preemption Under Ying Ye v. GlobalTranz
Recording of a 90-minute CLE video webinar with Q&A
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."
Outline
- Theories of liability against brokers/ transportation intermediaries
- Effect of FMCSA guidance of theories of liability and defenses
- 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?
Faculty
Bradley A. Bertkau
Partner
Canty Novy Bertkau Gordon
Mr. Bertkau provides litigation defense for large and small corporations and individuals, including cases where his... | Read More
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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Jeffrey P. Miller
Partner
Gentry Locke
Mr. Miller is a member of the firm’s Civil Defense Litigation practice group. He represents his clients in... | Read More
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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