Marc Blubaugh and John Kerkhoff were mentioned in a Law360 article for representing the Transportation Intermediaries Association (TIA) in an amicus curiae brief filed with the U.S. Supreme Court in Total Quality Logistics LLC v. Cox. The case asks the Court to resolve a deepening circuit split over whether state-law negligence claims against freight brokers are preempted by the Federal Aviation Administration Authorization Act of 1994.
In its filing, TIA cautioned that conflicting lower court rulings create an “existential threat” for smaller freight brokers, leaving them vulnerable to inconsistent standards across jurisdictions. The brief emphasizes that imposing negligence liability on brokers, who do not operate motor vehicles, undermines congressional intent to establish uniform federal rules governing the trucking industry.
Read the full article here.