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Transportation

Deregulation and Preemption of State Laws in the Railroad Industry: When Less May Be Better Than None

Transportation

Article originally featured in the Legal Backgrounder, Vol. 40 No. 3 from the Washington Legal Foundation One may have missed the Executive Order issued February 19, 2025, entitled “Ensuring Lawful Governance and Implementing the President’s ‘Department of Government Efficiency’ Deregulator Initiative” (“Executive Order”).[1]  It orders agency heads to identify regulations to target for deregulatory action.  Although that may be a substantial opportunity for certain heavily regulated industries, those same industries and their regulators should be careful that the unintended consequence is not more regulation at the state and local level.  The railroad industry is such an industry; the Federal Railroad […]

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Transportation Freight Brokers: Argue F4A Preemption but Take Additional Precautions

Transportation

When a roadway accident occurs during the shipment of goods, each party involved in the logistics chain can face varying levels of exposure for resulting injuries and damages. Freight brokers know there can be multiple parties in this chain. With increasing frequency, aggrieved parties are filing lawsuits against the shipper, freight broker, motor carrier, and driver. In transportation casualty defense, long gone are the days of two party litigation. As the middle man in the chain, the freight broker does not transport property or take possession of property.[1] It simply arranges for transportation of the shipper’s goods by a motor […]

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