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Transportation Law
was clearly encompassed by the safety exception. Id. Ye is currently pending in the Seventh Circuit Court of Appeals, and oral arguments were on December 5, 2022. Assuming the district court’s decision is upheld, the industry has the circuit conflict that makes this issue more attractive for certiorari.
Another contender is Gauthier v. Hard To Stop, LLC, 2022 EL 344557 (Feb. 4, 2022). In Gauthier, the district court for the Southern District of Georgia sided with a transportation broker on the issue of the F4A preemption. That case is currently on appeal in the Eleventh Circuit. It’s likely, therefore, we will eventually get a circuit split on the issue of broker liability preemption. When do we get the U.S. Supreme Court to seriously look at the issue? My guess is within the next five years. But don’t hold me to it.
Jennifer Eubanks is the Director of Claims Legal at Canal Insurance Company in Greenville, SC. Contact her at: Jennifer.Eubanks@canal-ins.com.
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FDCC ANNUAL INSIGHTS 2023