The UP-NS pitch to regulators is that the combined network would pull 2.1 million truckloads off highways annually. Plus: USPS signs a $10B+ deal with DHL, 20+ carriers go under in May, and Hub Group's CFO and COO are out.
The logistics industry has seen another significant legal victory for 3PLs. Total Quality Logistics (TQL) has won a court battle affirming that brokers are not liable for accidents involving carriers they hire.
Key Points:
The 11th Circuit Court of Appeals unanimously upheld a lower court decision in TQL's favor.
The case involved a fatal accident in Georgia in 2020 between a car and a truck from a carrier hired by TQL.
TQL's protection stems from the Federal Aviation Administration Authorization Act (FAAAA).
Case Background: Katia Gauthier, widow of Peter Gauthier who died in the accident, initially sued both the carrier (Hard to Stop) and TQL. While a settlement was reached with the carrier, TQL successfully argued for dismissal based on FAAAA protections.
Legal Precedent: This decision adds to a growing body of law protecting brokers from liability in carrier-related incidents. It follows similar rulings in cases involving GlobalTranz and Alliance Shippers.
FAAAA Protection: The core of the FAAAA prevents states from passing laws that could impact a carrier's "route, price or service." Courts have consistently held that this preempts negligence claims against brokers.
Safety Exemption Debate: While the FAAAA does include a safety exemption, courts have ruled that this applies to "motor vehicles," not brokers.
Industry Implications:
Strengthened broker protection against liability claims
Potential for reduced legal costs for 3PLs
Possible shift in focus towards carrier vetting processes
The Exception: The Miller vs. C.H. Robinson case remains a concern for the industry, as it held C.H. Robinson liable based on the safety exemption.
This ruling reinforces the legal protections for 3PLs. However, brokers should remain vigilant in their carrier selection processes to mitigate risks and maintain industry standards.
Iβm Adriana, a writer and editor at FreightCaviar. Iβve covered everything from freight tech to industry lawsuits and market shifts, helping scale us to almost 14K subscribers. My goal: to make logistics stories digestible, clear, and fun to read.
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