2012 Articles

First District rejects agency/negligent entrustment theories of shipper liability in truck/rail collision By William D. Brejcha April 2012 A summary of the recent case of Dowe v. Birmingham Steel Corp.

New Jersey District Court dismisses owner operators’ FLSA class action claiming employment status By William D. Brejcha October 2012 A summary of the recent case of Vaudral Luxama v. Ironbound Express, Inc.

Seventh Circuit reverses & remands a summary judgment which enforced a motor carrier’s cargo damage limitation in Carmack litigation By William D. Brejcha August 2012 In this the era of pervasive “third party” entity presence in the transportation marketplace, it is not surprising that courts sometimes have difficulty applying the otherwise clear two party (shipper/carrier) principles of transportation law to Carmack litigation involving third and fourth parties.