Supreme Court Rules Unanimously That Freight Brokers Can Face Negligent Hiring Lawsuits Under State Law
A landmark May 2026 decision reshapes the legal landscape for freight brokers, carriers, and the attorneys who represent them.
News & InsightsArticlesSupreme Court Rules Unanimously That Freight Brokers Can Face Negligent Hiring Lawsuits Under State LawA landmark May 2026 decision reshapes the legal landscape for freight brokers, carriers, and the attorneys who represent them. Berk v. Choy and the Federal Forum Question: A Strategic Guide for Professional Liability DefenseThe Supreme Court's January 20, 2026 decision in Berk v. Choy, 607 U.S. 187 (2026), has drawn considerable attention for what it does: it renders state affidavit of merit and certificate of merit requirements unenforceable in federal court when they conflict with the Federal Rules of Civil Procedure. For defense counsel representing licensed professionals across a wide range of disciplines (physicians, attorneys, engineers, architects, accountants, and others), the more pressing question is what the decision means for strategy: specifically, whether to remove a case to federal court in the first place. Niles, Barton & Wilmer, LLP Partner Michele H. Dinterman Mentioned in Law360 for Representation of Lloyd'sMichele Dinterman was recently mentioned in a Law360 article titled, “Wells Fargo, Lloyd’s Beat $900B Fraud Suit Over Wire Error,” regarding her representation of Lloyd’s of London in a complex federal litigation matter. Priority in Trademark Law: Lessons from the Aaron Judge CaseJanuary 12, 2026 By: Matthew J. Youssef, Esquire and Eddie L. Healv, IV, Esquire The recent federal appeals court decision involving New York Yankees slugger Aaron Judge offers business executives a valuable tutorial… Practical Tips for Mastering the 30(b)(6) Deposition, Michele Hayes DintermanSeptember 2024 Rule 30(b)(6) of the Federal Rules of Civil Procedure requires an entity to prepare one or more witnesses to give answers on the entity’s behalf with respect to the noticed subjects. Most state court rules mirror the language in the federal rule with only slight deviations. Can Your Spouse Disinherit You? How Marriage Protects the FamilyMay 9, 2023 It’s the stuff of low-budget movies. The grieving widow, dressed in black with her face veiled, sits in the attorney’s oak-paneled conference room for the reading of the will. Mystery surrounds the proceedings. Who among the family members present will inherit the patriarch’s vast estate? Three Reasons a Lawyer Should Settle Your EstateMarch 7, 2023 When a loved one has died, the shock and sorrow of their loss may quickly lead to another emotional jolt—the prospect of having to settle their estate. Being named personal representative (executor) under someone’s will is both an honor and a burden. The process usually takes several months. There will likely be financial accounts to marshal, real estate to deal with, bills and taxes to pay, and probate filings to prepare—all at an emotionally difficult time. Why Your Estate Plan Might Need a Tune-upJanuary 5, 2023 An estate plan is a set of papers that usually includes a will, durable power of attorney, and advance medical directive. These essential documents can help you manage financial and health-related matters if you ever become incapacitated, and they should provide for the efficient transfer of your assets upon your death. Empower Your Loved Ones With a ‘Power of Appointment’October 10, 2022 Preparing an estate plan means having a say in what happens to your wealth after you are gone. Through a Last Will and Testament, you can name the important people in your life who will inherit your assets. IRS extends portability deadline for Surviving Spouses to 5 yearsJuly 18, 2022 Since the adoption of “portability,” which allows a surviving spouse to apply a deceased spouse’s unused exclusion amount (DSUE) to the surviving spouse’s gift and estate transfers, the IRS has been flooded with requests to extend the portability filing deadline in estates where an estate tax return was not required, i.e. where the value of the gross estate, adjusted for taxable gifts, fell below the federal exclusion amount for the decedent’s year of death. Is Same-Sex Marriage in Jeopardy?June 27, 2022 The Supreme Court’s decision overturning Roe v. Wade has sent abortion-rights advocates reeling. In a 6–3 opinion, the Court ended a constitutional right that was the law of the land for nearly half a century. The ruling could put other constitutional rights in jeopardy as well. Many in the LGBTQ community are asking, “Is same-sex marriage next?” Estoppel Certificates and Lease Amendments: Comparing Apples and OrangesJanuary 14, 2022 Estoppel Certificates and Lease Amendments: Comparing Apples and Oranges – Applying Maryland contract law, the 4th Circuit determines that an estoppel certificate does not modify a commercial lease.… |
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