Freight broker claims field preemption

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted May 7, 2021 12:04 PM

One of the defendants Roberta Morrison targeted in a state court negligence case after she was injured in a collision with one of JSK Transport’s trucks was Kuehne + Nagel, the freight broker that hired JSK. Removing the case to federal court in southern Illinois based on federal question jurisdiction, K&N argued two federal statutes that preempt state laws governing the services of freight brokers — the Interstate Commerce Commission Termination Act and the Federal Aviation Administration Authorization Act …

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