Barclay Damon
Barclay Damon

Legal Alert

Transportation Annual Year in Review

We are delighted to present our annual survey of what is new in the field of transportation law.

This year’s lead article focuses on the liability of transportation brokers as reflected in several recent court decisions. Brokers are also the focus of Section 19 by co-editor Phil Bramson which sets out some of the highlights of MAP-21.

Not long after the sunsetting of the I.C.C. in 1995, the USDOT indicated that it was working on a modernization of the registration system for motor carriers and other transportation industry players. Finally this past August, new rules were issued, and they are summed up below in Section 20.

As always, Alan Peterman has thoroughly reviewed and analyzed the key cargo cases of the year (Section 4). This year also features an unusually large number of cases dealing with punitive damages, some of which are summarized in Section 8.

Our Transportation Team has some new members since last year including Yvonne Hennessey, from the firm’s energy practice who is one of the country’s leading experts on laws and practices related to hydraulic fracturing or fracking. In Section 2 she provides an overview in which she explores the close connection between the fracking industry and the trucking industry. Scott Rogoff brings to the team his strong background in the area of labor and employment, an issue of great significance in the trucking world because of the often unspecified nature of a driver’s relationship with the motor carrier for whom he or she is hauling. Also on board are Melle Xu and Michelle DeKay who specialize in tort defense matters and Sanjeev Devabhakthuni who does both defense work and coverage work.

We hope that you enjoy this year’s survey and look forward to hearing any comments or responses.

Click here to open this year's Transportation in Review