Defending Freight Brokers and Transportation Intermediaries After Trucking Accidents: Leveraging FMCSA Guidance
Strategies to Prevent Broker and Intermediary Liability for Personal Injury or Wrongful Death
A live 90-minute CLE video webinar with interactive Q&A
This CLE webinar will discuss defending freight brokers from claims of negligence and vicarious liability after a trucking accident that results in wrongful death or personal injury litigation. The panel will discuss the most recent Federal Motor Carrier Safety Administration (FMCSA) guidance, existing and ongoing circuit splits about whether these claims are preempted by the Federal Aviation Administration Authorization Act (FAAAA), and recent important decisions.
Outline
- Theories of liability against brokers/transportation intermediaries
- Effect of FMCSA guidance on theories of liability and defenses
- Recent federal and state decisions
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
Sophia L. Bernard
Member Partner
Taylor Nelson Slattery Bernard
Ms. Bernard is a transportation attorney representing established motor carriers, brokers, shippers, and drivers in all... | Read More
Ms. Bernard is a transportation attorney representing established motor carriers, brokers, shippers, and drivers in all aspects of litigation related to business disputes, cargo claims, regulatory compliance, catastrophic trucking accidents, and employment litigation from inception through trial. She also advises clients regarding creative risk mitigation, developing compliance programs/structures, investigation of internal employment issues, insurance, and serves as a strategic partner. Previously, Ms. Bernard served as national counsel for a global online retailer and transportation provider where she managed litigation portfolios nationwide.
Close
Wm. Daniel Floyd
Partner
Lewis Brisbois Bisgaard & Smith
Mr. Floyd is a partner in the Atlanta office of Lewis Brisbois and is Vice-Chair of the firm’s Transportation... | Read More
Mr. Floyd is a partner in the Atlanta office of Lewis Brisbois and is Vice-Chair of the firm’s Transportation Practice and National Liaison for Nationwide Cargo Issues. He has significant trial, argument and negotiation experience in state courts, federal and appellate courts, as well as mediation and arbitration. Mr. Floyd's practice focuses on Transportation matters involving Aviation, Broker, Cargo, Motor Carrier and Regulatory liability as well as general liability, products liability, civil sex trafficking claims, insurance coverage, including first party coverage disputes, suspicious losses, and major casualty disputes. In addition, he serves as a regional counsel coordinating the defense of trucking liability claimants throughout the country. Mr. Floyd is an experienced member of the firm’s 24/7 Rapid Response Team which is staffed 24/7, 365 days per year. Working with a team of experts and investigators, numerous clients rely on his expertise to direct the 24/7 Rapid Response Team’s early investigation and to manage large claim exposure through trial for catastrophic and fatal injury claims as well as Cargo claims ranging from Carmack and COGSA issues, Household Goods, Regulatory and Theft claims. Mr. Floyd has frequently spoken and written on various legal issues involving pre-suit investigation, litigation and trial techniques.
CloseEarly Discount (through 09/12/25)
Cannot Attend September 30?
Early Discount (through 09/12/25)
You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.
