Nevada Trucking Law reported HERE that the Ninth Circuit has refused to apply FAAAA preemption to allegations of negligence against freight brokers. Recently, in the case of Aspen Am. Ins. Co. v. Landstar Ranger, Inc., 65 F.4th 1261, 2023 U.S. App. LEXIS 8845, 29 Fla. L. Weekly Fed. C 2391, 2023 WL 2920451 (11th Cir. […]
The Eleventh Circuit Disagrees With The Ninth Circuit And Applies FAAAA Preemption To State Negligence Claims
July 31, 2023 by
Ninth Circuit Says No To FAAAA Preemption
June 16, 2023 by
Costco needed some goods shipped. Costco turned to transportation broker C.H. Robinson to find a trucking company that could haul the load. Kuwar Singh, dba RT Service was one of the motor carriers in C.H. Robinson’s network. Mr. Singh and RT Service were properly licensed. RT was a properly authorized motor carrier with an active […]
Not Everyone Agrees That Nevada Will Follow Majority Rule Dismissing Negligent Entrustment / Supervision / Training Where Motor Carrier Admits Course And Scope
December 4, 2017 by
Readers of the Nevada Trucking Law Blog know that Nevada Supreme Court has yet to decide whether claims of negligent hiring, training, supervision or retention can survive once an employer has admitted its employee driver was in the course and scope of his/her employment. The rule stated in McHaffie v. Bunch, 891 S.W.2d 822, 826 […]
Not Everyone Agrees That Nevada Will Follow Majority Rule Dismissing Negligent Entrustment / Supervision / Training Where Motor Carrier Admits Course And Scope
May 30, 2015 by
In an earlier post HERE, the Nevada Trucking Law Blog called attention to decisions coming out of the U.S. District Court for Nevada supporting the proposition that claims of negligent entrustment / training / supervision should be dismissed if the motor carrier admits its driver was in the course and scope of employment. See Adele […]
Motor Carrier Admits That Its Driver Was In The Course And Scope of Employment. Court Dismisses Allegations Of Negligent Entrustment / Training
January 28, 2014 by
In the case of Adele v. Dunn, 2013 WL 1314944, 2013 U.S. Dist. LEXIS 44602 (D.Nev. 2013), the U.S. District Court, District of Nevada faced the question of whether the claims of negligent training or negligent entrustment can survive where the motor carrier has admitted that its driver was in the course and scope of […]
