Peter Bobchin attended the recent semi-annual meeting of the Conference of Freight Counsel in Santa Fe, New Mexico. The CFC is an association of attorneys in private practice in the United States, Mexico, and Canada, representing motor, rail, ocean, and air freight carriers, brokers, and freight forwarders.
The meetings are run as seminars, with the tight-knit group discussing current cases on topics ranging from Carmack Amendment Liability and Preemption, Carrier and Broker Liability, Limitation of Liability, Forum Selection, and more. A recent Supreme Court decision dealt with the definition of interstate commerce and whether a truck driver suing his employer could be forced under the Federal Arbitration Act to arbitrate his claim rather than proceed in court.
There were two extended discussions. The first delved into preemption of claims against freight brokers under the Federal Aviation Administration Authorization Act – “F4A Preemption,” based on the Supreme Court’s recent decision in Montgomery v. Caribe Transportation. The Supreme Court ruled that the Act does not preempt claims against freight brokers for negligently selecting an incompetent or unqualified trucking company to carry the property of the broker’s customer, resulting in a casualty. A vigorous discussion took place about situations in which the preemption should be granted, such as a freight loss or damage claim with no personal injuries or other casualty. (You can read our detailed analysis of the Court’s decision in Montgomery here.)
The other extended discussion was led by CFC member Justin Olsen, joined by a security expert, on the topic of Cargo Theft by fraudulent motor carriers. These “phantom” truckers receive load assignments from freight brokers and shippers and then disappear with the valuable freight.
It was an excellent conference, led by Chair Fred Marcinak. We look forward to the meeting in January 2027.
Law Offices of John C. Lane 