Transportation Brief: For the Record, Winter 2022
February 2, 2022
We are pleased to announce that Clifford Lauchlan has joined the Firm’s Cincinnati Office and Andrew Ireland has joined the Firm’s Indianapolis Office.
Mr. Lauchlan’s practice is primarily devoted to assisting third-party logistics clients on a wide array of issues, including contracting and cargo claims issues.
Mr. Ireland’s practice will focus on complex litigation and class action issues.
Transportation Brief: Unclaimed Property: A Lurking Liability for the Unwary
by Kelli M. BlockThe efforts of many states to disgorge businesses of funds that may be cast as “unclaimed property” have continued unabated into 2022. Read more from Scopelitis about why transportation companies are often affected by this and what they can do to limit its exposure in the event a state unclaimed property auditor comes knocking.
Transportation Brief: M&A Considerations for Air and Ocean Forwarders
by Braden K. Core , Nathaniel G. SaylorFreight forwarders that engage in air and ocean moves have become attractive targets for strategic and private-equity-backed acquisitions over the past several years. Buyers should be aware that change-in-control notice and approval processes for these businesses are more complicated when compared to U.S. surface-transportation providers. Read more about scenarios to consider, including but not limited to a few that have the potential to complicate and delay transactions.
Transportation Brief: Transportation Worker Exemption from the FAA Requires a “Contract of Employment”
by Braden K. Core , Prasad SharmaEmployers have successfully used arbitration under the Federal Arbitration Act (FAA) to resolve disputes on an individual basis. Unfortunately for transportation providers, the FAA does not apply to “contracts of employment” of drivers and other transportation workers who are engaged in interstate commerce. Read more about a recent decision from Massachusetts that reminds us that if the arbitration provision is not in a “contract of employment,” the FAA may still apply.
Transportation Brief: Supreme Court Stays and OSHA Withdraws Vaccine/Testing Mandate
by A. Jack Finklea , David D. RobinsonIt appears that we have arrived at some finality in the on-again-off-again life cycle of OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS). Given the Court’s determination that OSHA had likely exceeded its authority here, large employers have understandably set aside their immediate plans to implement the ETS vaccine/testing protocols. However, important considerations remain because many carriers continue to face customer vaccination requirements as well as the Canadian vaccination requirement for drivers crossing the border into Canada.
Transportation Brief: Spotlight on Cargo Claim Practice
Thomas Gonzalez , Kathleen C. Jeffries , Clifford W. LauchlanMany people assume the Carmack Amendment (Carmack) exclusively controls their cargo claim disputes related to interstate shipments. However, due to certain contract provisions in shipper or broker/carrier agreements, Carmack may take a back seat. Unfortunately, it is often not until a court interprets the contract with conflicting provisions that the parties have a definitive answer to their dispute. Read more from the Scopelitis team that helps clients navigate the cargo claims process, both pre- and post-suit.
- On the Road
Scopelitis attorneys are often invited to participate in meetings with transportation industry leaders. Learn more about their trips this quarter.
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