Transportation Brief: For the Record Spring 2018

May 22, 2018

We are pleased to announce that Michael Reed has joined the Firm’s Chicago office.  Michael joins the Personal Injury, Property Damage, and Cargo Claims practice group.

• Transportation Brief: My Driver Filed an Unemployment Claim Where? Jurisdiction as a Defense to State Unemployment Claims and Worker Misclassification Challenges
  by Steven A. Pletcher , Rebecca S. Trenner
  
  Determining where to report unemployment tax is not only important for employee fleets, but it is also an important potential tool for defending state unemployment tax worker misclassification challenges. Read more here.
• Transportation Brief: Eleventh Circuit Upholds Downstream Carrier’s Limitation of Liability
  by Kathleen C. Jeffries
  
  The Eleventh Circuit, in Essex Insurance v. Barrett Moving & Storage, reversed summary judgment against Landstar by upholding standing law that shippers are bound by liability limitations established between an intermediary and a carrier, notwithstanding the shipper’s claim that it was not aware that Barrett brokered the load. Read more here.
• Transportation Brief: Buyers Be Diligent
  by Gregory M. Feary , Kathryne S. Feary-Gardner , Jay D. Robinson,
  
  When considering the acquisition of a motor carrier operation, a number of due diligence matters specific to transportation should be analyzed. Read more here.
• Transportation Brief: Full Enforcement of the ELD Mandate Commences
  
  Previously, ELD violations, though listed on roadside inspection reports and sometimes prompting fines, did not result in out-of-service orders or negatively impact a motor carrier’s Safety Measurement System (SMS) scores. Now, drivers who are subject to the ELD mandate and found to be operating without a device will be placed out of service for 10 hours. Read more here.
• Transportation Brief: Warehouse Chargebacks
  by Caroline D. Milner , Kevin  M. Phillips
  
  Chargebacks are most common in the retail industry, but they have application in other industries as well. Read more here.
• Transportation Brief: Spotlight on Unemployment Tax Practice
  by Steven A. Pletcher , Rebecca S. Trenner
  
  State unemployment tax remains one of many misclassification battlefronts for motor carriers and other transportation companies utilizing equipment or services provided by independent contractors (IC). Members of Scopelitis' Unemployment Tax team offers a unique set of experiences and thought leadership regarding these matters. Read more here.
• On the Road
  Scopelitis attorneys are often invited to participate in meetings with transportation industry leaders. Learn more about their trips this quarter.
• Dispatches
  Transportation Industry News & Trends