Litigating Broker Liability for Trucking Accident Injury Claims: Theories of Liability, Defenses, Preemption
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will examine the liability of freight brokers and shippers for injuries sustained in trucking accidents. The panel will discuss the prevailing theories of liability, including negligent hiring, selection, vicarious liability, and the statutory employment doctrine. They will also examine how brokers and shippers can mitigate risk and the various defenses to liability.
Outline
- Overview of property (cargo) brokering
- Property (cargo) broker liability theories
- Key discovery/docs in broker cases
- How transportation indemnity agreements impact trucking cases
- Preemption issues
Benefits
The panel will review these and other key issues:
- What is a freight broker?
- What regulations apply to freight brokers?
- What theories of liability are available against brokers?
- Is the liability risk increased or decreased when a broker uses third-party software to monitor safety?
- What is the status of the FAAAA preemption defense?
- How do you prove your case?
- What practical strategies are available?
- How do you try a broker liability case?
- When is a broker actually a motor carrier?
Faculty
Bradley A. Bertkau
Partner
Canty Novy Bertkau Gordon
Mr. Bertkau provides litigation defense for large and small corporations and individuals, including cases where his... | Read More
Mr. Bertkau provides litigation defense for large and small corporations and individuals, including cases where his clients are self-insureds or insured by insurance companies. He primarily concentrates his practice on legal representation in all areas of transportation litigation, including casualty claims, cargo claims, and insurance coverage. Mr. Bertkau also provides legal representation for cases involving all areas of construction litigation, including construction injury and construction defect litigation. He handles matters from the initial inception of a claim through trial, including post-judgment appellate work. Mr. Bertkau's responsibilities include managing clients' files from the event/incident through resolution, and he works with clients to prepare and implement a strategy for defense from the initial investigation. His litigation experience extends throughout the state of Illinois.
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Peter J. Kestner
Attorney
Penn Kestner & McEwen
Mr. Kestner has extensive experience with truck accident cases, both as a private attorney and representative for... | Read More
Mr. Kestner has extensive experience with truck accident cases, both as a private attorney and representative for trucking insurers. Prior to founding his law firm, Mr. Kestner served for 10 years as a claims adjuster and litigation manager with one of the largest tractor trailer insurers in the U.S. He now uses this defense experience to represent individuals injured by the negligent acts of trucking companies. Mr. Kestner has also served as personal counsel to policyholders in disputes with their insurers as well as serving as an expert witness in insurance litigation matters. He sits on the Executive Committee of AAJ’s Interstate Trucking Litigation Group, he is the Amicus Committee Chair for AAJ’s Interstate Trucking Litigation Group and its Special Project Director.
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