Transportation Law: FAAAA 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