Rhode Island Federal Court Rules State-Law Tort And Statutory Claims Against Brokers Preempted By FAAAA Where Loss Involved Unexplained Damage To Cargo During Interstate Shipment

By:      Gerald D. Borovick In a case involving the shipment of a Catamaran sailboat in interstate commerce from Rhode Island to California, a Federal district court judge held in part, state-law tort and statutory claims against brokers involved in the shipment were preempted by the FAA Authorization Act of 1994 (FAAAA) and thus could … Read more

Summary of FMCSA Final Rule on Broker/Freight Forwarder Financial Responsibility And Evidence of Security On File With FMCSA – The BMC-84 and BMC-85

By:      Gerald D. Borovick With FMCSA’s recent activation of “MOTUS,” the public (including Motor Carriers) should now be able to use it to research whether the license of a property Broker or surface Freight Forwarder is active, cancelled or subject to cancellation due to “financial failure or insolvency,” before accepting tender of a load … Read more

Summary of FMCSA Final Rule on Broker/Freight Forwarder Financial Responsibility And Evidence of Security On File With FMCSA – The BMC-84 and BMC-85

By:      Gerald D. Borovick On November 16, 2023, the Federal Motor Carrier Safety Administration (FMCSA) promulgated a long-awaited set of rules to implement and enforce uniform limits and sanctions to the financial security and responsibility requirements for property brokers, surface freight forwarders and their sureties, as mandated by Congress in a federal transportation law … Read more