What the Supreme Court Broker Liability Ruling Means, and Doesn't
Just three months ago, the Supreme Court handed down a ruling in a case that changed the broker liability equation. On a new episode of The Intermodal Logistics Podcast, Marc Blubaugh, Partner and Co-Lead of the Transportation & Logistics Practice at Benesch Law, returns to discuss exactly what the 9-0 ruling in favor of Montgomery v. C.H. Robinson means - and what it might not mean. Marc takes us through the facts of the case, and how justices focused particularly on a key phrase when deciding on the applicability of the safety exception in the Federal Aviation Administration Authorization Act (F4A). He explains how the ruling now sets a consistent precedent - even if it's not the precedent many in the freight community were seeking - that logistics pros should heed as they consider carrier selection. But he also reminds that each potential liability case is different, so it doesn't automatically mean freight brokers will be on the wrong side of a deluge of verdicts. Case in point, many have spotlighted a recent $604 million judgement against C.H. Robinson in a different proceeding - but he cautions not to read too much into that particular decision relating to the Supreme Court's decision. Marc suggests, rather than brokers completely throwing out their carrier list and starting over, working with insurance companies to develop clear standards for carriers to be chosen - and importantly - training all in the organization who'd handle this responsibility. Speaking of responsibility and standards, he stresses the role of the Federal Motor Carrier Safety Administration in vetting carriers and making it easier for brokers to know which ones to trust. And finally, Marc shares another FMCSA-related action that could have major freight shipping implications. Find more from Marc at www.beneschlaw.com . As for the podcast, please do comment, like, subscribe, follow, rate and/or review - however you get our episodes. We appreciate your support! Have a question? Contact us at podcast@inteklogistics.com . And visit our website, www.inteklogistics.com to learn more.





