Unlocking the Road Ahead in Transportation Law
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About
This Course
Federal Aviation Administration Authorization Act and Freight Broker Liability
This CLE course will examine the changing landscape of freight broker liability historically and under the Federal Aviation Administration Authorization Act of 1994, also known as “FAAAA,” “F-Quad-A,” and “F4A.” FAAAA affects brokers' liability when defending against state law causes of action, including negligence and vicarious liability related to personal injury and cargo claims. Understanding how and in which jurisdiction preemption applies will better equip attorneys to advise and defend freight brokers.
This program is intended for attorneys at all levels who want to enhance their understanding of preemption across state lines and attorneys new to transportation. It will provide a breakdown of basic transportation terms, the history of FAAAA, the current landscape of FAAAA, how FAAAA applies to personal injury and cargo claims, and, most importantly, how to mitigate liability as a freight broker.
Learning Objectives:
- Discover the importance of freight brokers in logistics
- Identify the key difference between a freight broker, a freight forwarder, and a motor carrier
- Address basic contractual provisions to properly distinguish a freight broker’s liability from that of a motor carrier’s
- Investigate the historical theories of recovery by Plaintiffs against freight brokers in personal injury and cargo claims
- Analyze FAAAA and its impact on the current legal landscape
Production Date: 5/21/2024
About the Presenters
Sophia Bernard, Esq.
Taylor Nelson PL
Practice Area: Transportation Law
Sophia Bernard is a transportation attorney representing established motor carriers, brokers, shippers, and drivers in all aspects of litigation related to business disputes, cargo claims, regulatory compliance, catastrophic trucking accidents, and employment litigation from inception through trial. She also advises clients regarding creative risk mitigation, developing compliance programs/structures, investigation of internal employment issues, insurance, and serves as a strategic partner. Previously, Sophia served as national counsel for global online retailer and transportation provider where she managed litigation portfolio nationwide.Sophia understands that trucking and other transportation companies can no longer pay exorbitant settlements or judgments along with rising tolls, skyrocketing fuel ...
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Bryan Nelson, Esq.
Taylor Nelson PL
Practice Area: Transportation Law
Bryan J. Nelson is a transportation and logistics attorney assisting clients in the development and review of transportation agreements, the resolution and mitigation of cargo claims, and the establishment of corporate compliance strategies in accordance with state and federal regulations. Prior to joining Taylor Nelson, Bryan practiced as general counsel and served as a chief administrative officer in the transportation industry for over a decade, representing a family of companies that included a motor carrier, a third-party logistics corporation, and a transportation management system (TMS) provider.Bryan graduated from Stetson University earning his juris doctorate and his master’s degree in business ...
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