![]() ![]() If you have any questions, please contact us. We continue to recommend that freight brokers assert the FAAAA preemption defense early, file dispositive motions, and consider filing appeals where appropriate so that other federal circuit courts decide this issue, and the Supreme Court of the United States will be inclined to accept a writ of certiorari. 2020), which found that the “safety exception” applies to personal injury claims against a freight broker. Coyote answered the complaints, filed a motion for summary. On May 15, 2012, this court ruled on Defendant’s motion to dismiss. Submitting a brief that does not comply with the rules of procedure may result in the appellate action being dismissed or a party being precluded from filing a. Robinson Worldwide, Inc., 976 F.3d 1016, 1020 (9th Cir. Middle District of Pennsylvania Rules FAAAA Preempts Personal Injury Claims Against Freight Broker. amended motion to dismiss or brief in support. 13, 2023), and rejected the Ninth Circuit Court of Appeals’ decision in Miller v. ![]() petition under this section shall be given to the personal representative of the. The Middle District of Pennsylvania followed the reasoning in Ye v. Pennsylvania, other states and the District of Columbia. The estates of both decedents filed wrongful death lawsuits against numerous defendants, including Coyote, claiming it negligently hired/selected/entrusted Global Sunrise, that Coyote was vicariously liable for the truck driver’s underlying negligence, and that Coyote was in a joint venture with the motor carrier and driver.Ĭoyote answered the complaints, filed a motion for summary judgment, and the United States District Court for the Middle District of Pennsylvania granted Coyote summary judgment on the basis that the FAAAA preempted all of plaintiffs’ claims and that the “safety exception” did not apply. Without Coyote’s knowledge, another motor carrier picked up the load and was involved in the subject fatal accident. (“Golf”), to transport a load from Oregon to New York. In Lee, the freight broker, Coyote Logistics, LLC (“Coyote”), hired/selected a motor carrier, Golf Transportation, Inc. : 15-cv-04163-MSG PENNRIDGE SCHOOL DISTRICT : Dr. 5) to dismiss pursuant to Federal Rule of Civil Procedure Rule 12(b)(6) or, in the alternative, for summary judgment. FOR THE EASTERN DISTRICT OF PENNSYLVANIA Modupe Williams : : Plaintiff, : Civil Action No.: v. Before the Court is Defendants motion (Doc. ![]() § 14501(c)(1), and 2) not saved by the “safety exception” found in 49 U.S.C. FOR THE MIDDLE DISTRICT OF PENNSYLVANIA MOHAMMAD SOHAIL SALEEM, Plaintiff V. On November 7, 2023, the United States District Court for the Middle District of Pennsylvania held that plaintiffs’ claims for vicarious liability, negligent hiring/selection/entrustment, and joint venture against a freight broker were: 1) preempted by the 1994 Federal Aviation Administration Authorization Act (“FAAAA”) found in 49 U.S.C. FAAAA PREEMPTION DECISION ALERT: MIDDLE DISTRICT OF PENNSYLVANIA RULES THAT VICARIOUS LIABILITY, NEGLIGENT HIRING/SELECTION/ENTRUSTMENT, AND JOINT VENTURE CLAIMS AGAINST A FREIGHT BROKER ARE PREEMPTED BY THE FAAAA AND NOT SAVED BY THE “SAFETY EXCEPTION” ![]()
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