Armchair Attorney® Podcast

Should I Panic?

Should I Panic?The US supply chain faces ongoing volatility from global conflicts, intensified regulatory pressures, & persistently low freight volumes. Escalating Middle East tensions, including US-Israel strikes on Iran & related disruptions, have delayed any large-scale return of container shipping to the Red Sea, forcing rerouting around Africa, higher surcharges, & increased costs for energy, commodities, & imports.Domestically, freight demand remains subdued after 2025's tariff-driven front-loading, with containerized imports softening, trucking & rail volumes depressed, & spot rates mixed amid weather impacts & regional capacity tightness. With all of that said, I asked two of the brightest minds in freight, Jason Miller of the Michigan State University - Eli Broad College of Business & Ken Adamo of DAT Freight & Analytics to join the Armchair Attorney® Podcast to help me answer the age old question: "Should I Panic?"Join us live as our experts answer my concerns. Get ready. This program is brought to you by DAT Freight & Analytics. Since 1978, DAT has helped truckers & brokers discover more available loads. Whether you're heading home or looking for your next adventure, DAT is building the most trusted marketplace in freight. New users of DAT can save 10% off for the first 12 months by following the link below. Built on the latest technology, DAT One gives you control over every aspect of moving freight, so that you can run your business with speed & efficiency.This program is also brought to you by our newest sponsor, GenLogs. GenLogs is setting a new standard of care for freight intelligence. Book your demo for GenLogs today at www.genlogs.io today!

FMCSA Final Rule and ‘Dalilah’s Law’ target CDL eligibility

The U.S. government took two big steps to fix problems with truck drivers who live outside the country. One is a new rule from the Federal Motor Carrier Safety Administration (FMCSA), Restoring Integrity to the Issuance of Non-Domiciled Commercial Drivers Licenses (CDL), which tightens rules on who can hold a commercial driver’s license. The other, Delilah’s Law, is a new Senate bill that proposes even stricter nationwide changes. The bill is named after Dalilah Coleman who was five years old in June 2024 when she was critically injured in a multi-car pileup in Adelanto, California. The crash was caused by an 18-wheel tractor-trailer driven by Partap Singh, an Indian national who had entered the U.S. illegally in 2022. Both moves come after deadly crashes and widespread state noncompliance, and they could reshape the pool of available drivers for fleets. Here is an article I wrote that was recently published with Freightwaves. This program is brought to you by DAT Freight & Analytics. Since 1978, DAT has helped truckers & brokers discover more available loads. Whether you're heading home or looking for your next adventure, DAT is building the most trusted marketplace in freight. New users of DAT can save 10% off for the first 12 months by following the link below. Built on the latest technology, DAT One gives you control over every aspect of moving freight, so that you can run your business with speed & efficiency.This program is also brought to you by our newest sponsor, GenLogs. GenLogs is setting a new standard of care for freight intelligence. Book your demo for GenLogs today at www.genlogs.io today!

ACT Research 74th Commercial Seminar: Law & Insurance

Who would have guessed that a panel about law & insurance would electrify the attendees at ACT Research Co.?I, for one, expected it.For 40 years, ‪ACT Research Co. has brought the trucking industry together to anticipate change and chart its future. What's more, ACT Research Co. recently hosted its 74th Market Vitals: The Current & Future Health of the Industry Seminar in Columbus, IN. The event marked a special milestone of 40 years delivering commercial vehicle and freight market intelligence to the industry.On the third panel of the day, ol' Armchair Attorney® brought some sizzle. It's easy to do that when you share the stage with the likes of Thom Albrecht, Chief Revenue Officer at Reliance Partners; Anthony Johnson, President at Marvin Johnson & Associates, and the imperturbable Timothy Denoyer as our esteemed moderator. We covered insurance and litigation pressures in the freight market. But so much more! We discussed the latest issues regarding non-domiciled CDLs, nuclear verdicts, IEEPA, and motor carrier insurance.This program is brought to you by DAT Freight & Analytics. Since 1978, DAT has helped truckers & brokers discover more available loads. Whether you're heading home or looking for your next adventure, DAT is building the most trusted marketplace in freight. New users of DAT can save 10% off for the first 12 months by following the link below. Built on the latest technology, DAT One gives you control over every aspect of moving freight, so that you can run your business with speed & efficiency.This program is also brought to you by our newest sponsor, GenLogs. GenLogs is setting a new standard of care for freight intelligence. Book your demo for GenLogs today at www.genlogs.io today!

Montgomery v. Caribe Transport II, LLC - Oral Arguments

In Montgomery v. Caribe Transport II, argued on Wednesday, March 4, the court  considers whether a federal law initially designed to deal with state trucking regulations supersedes state common-law claims holding freight brokers liable for negligently selecting dangerous motor carriers or drivers. That may not sound particularly fascinating, but the issue before the court, which involves the scope of the Federal Aviation Administration Authorization Act of 1994, could have broad liability implications for transportation logistics and the freight broker industry.These are the oral arguments before SCOTUS. Link here to the full transcript. This program is brought to you by DAT Freight & Analytics. Since 1978, DAT has helped truckers & brokers discover more available loads. Whether you're heading home or looking for your next adventure, DAT is building the most trusted marketplace in freight. New users of DAT can save 10% off for the first 12 months by following the link below. Built on the latest technology, DAT One gives you control over every aspect of moving freight, so that you can run your business with speed & efficiency.This program is also brought to you by our newest sponsor, GenLogs. GenLogs is setting a new standard of care for freight intelligence. Book your demo for GenLogs today at www.genlogs.io today!

Montgomery v. Caribe Transport II Reaction

The case asks whether the Federal Aviation Administration Authorization Act of 1994 (FAAAA) preempts state negligence claims against freight brokers for carelessly selecting unsafe motor carriers or drivers. The crash happened December 7, 2017, on Interstate 70 in Illinois. Missouri truck driver Shawn Montgomery had pulled his 2015 Mack truck onto the shoulder for mechanical repairs. While standing outside, he was struck from behind by a speeding 1995 Freightliner tractor-trailer driven by Yosniel Varela-Mojena. Montgomery lost his leg and suffered permanent disfigurement.Varela-Mojena worked for Indiana-based Caribe Transport II, which owned the tractor. The trailer was leased from a related Florida company. Freight broker C.H. Robinson arranged the shipment of plastic pots from Ohio to Arkansas and Texas under a contract with Caribe II. Montgomery sued under state law, claiming negligence against the driver, the carriers, and Robinson for negligent hiring. Robinson argued the FAAAA’s Section 14501(c)(1) preempts the claims because they relate to a broker’s “price, route, or service” in transporting property. The district court said the claims related to broker services but fit the safety exception in Section 14501(c)(2)(A), which preserves state “safety regulatory authority… with respect to motor vehicles.” The 7th Circuit held that negligent-hiring claims against brokers are preempted. Montgomery argues to the Supreme Court that his claims are not preempted. He says the FAAAA targets economic regulations, not safety-based torts. The safety exception protects states’ traditional authority over motor vehicles, and requiring brokers to use reasonable care when hiring carriers falls within that power. He warns broad preemption could leave victims without remedies and encourage brokers to choose risky carriers for profit.Robinson and the other respondents reply that state tort claims like negligent hiring are expressly preempted by the statute’s plain text. The safety exception applies only to rules with a “direct connection” to motor vehicles. Brokers do not own or operate vehicles, so states lack authority to impose personal injury liability on them. Policy concerns cannot override the law’s wording. The U.S. government filed a brief supporting the respondents, arguing the text requires a direct link to vehicles, and a broker’s duty to select carriers carefully does not qualify. The government reversed its prior position after new review and court developments.The outcome is hard to predict, especially with the government’s shift. Oral argument will likely feature questions about what counts as a “direct connection” to motor vehicles.This program is brought to you by DAT Freight & Analytics. Since 1978, DAT has helped truckers & brokers discover more available loads. Whether you're heading home or looking for your next adventure, DAT is building the most trusted marketplace in freight. New users of DAT can save 10% off for the first 12 months by following the link below. Built on the latest technology, DAT One gives you control over every aspect of moving freight, so that you can run your business with speed & efficiency.This program is also brought to you by our newest sponsor, GenLogs. GenLogs is setting a new standard of care for freight intelligence. Book your demo for GenLogs today at www.genlogs.io today!