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 …
ALL ABOARD: TSA ISSUES NEW SECURITY DIRECTIVE TO TRACK CYBERSECURITY EFFORTS BY THE RAIL INDUSTRY
10/25/22
By: Nicholas Jajko and Nicholas Hubner
SECURITY DIRECTIVE: 1580/82-2022-01
EFFECTIVE DATE: October 24, 2022
Working with the Cybersecurity and Infrastructure Security Agency (“CISA”), TSA issued a new Security Directive to protect against malicious cyber-intrusions affecting the nation’s railroads …
Down It Goes! Illinois Prejudgment Interest Struck Down – What To Do Now
5/31/22
By: Jonathan Schwartz and Patrick Eckler
Judge Marcia Maras of the Circuit Court of Cook County struck down as violative of the Illinois state constitution, PA 102-0006, which permits prejudgment interest in personal injury and wrongful death cases. This ruling …
1/28/22
By: Paul Piantino III, Esq., Kaitlyn Grajek, Esq. and Julia Bover, Esq.
On December 31, 2021, New York Governor Kathy Hochul signed into law the Comprehensive Insurance Disclosure Act, (the “Act”). It takes effect immediately and applies to …
Takeoff of 5G service delayed near some U.S. airports
1/25/22
The largest airlines in the U.S. released a statement this week stating that the new 5G wireless service, if rolled out near airports, would interfere with aircraft technology and cause flight disruptions. The airline industry warned …
Proposed amendments to Federal Rule of Evidence 702
11/2/21
By: Jacob E. Daly
The federal judiciary’s Advisory Committee on Evidence Rules has proposed two significant amendments to Rule 702 of the Federal Rules of Evidence, which governs the admissibility of expert testimony. These amendments would change Rule 702 as follows (additions are …