The Miller v. CH Robinson case is now before the Supreme Court, on appeal from the Ninth Circuit.  That case is a seminal one, that could have a resounding and reverberating impact throughout casualty and cargo litigation involving freight brokers.  This excellent panel, with deep involvement in the case and its evolution, will discuss the background of the case, and the important legal issues that permeate it for brokers, carriers and shippers.  The panel will summarize the positions of both sides in the principal case, along with certain of the amicus filings.  The panel will discuss the various issues related to FAAA preemption that pervade broker casualty and cargo litigation, including the “safety exception” and its penumbrae.  The panel will also touch upon the common law standards that may apply in the Supreme Court’s consideration and the divergence of the various states on these points.  The panel will also make predictions on how the Supreme Court could crystalize this fluctuating body of law.  The panel will also discuss how the favorable language in the Ninth Circuit opinion, in cases where the safety exception is not implicated, can give practitioners an advantage.  Finally, the panel will present an up to the minute update on where the case stands procedurally and provide insight into how the case made its way to the Supreme Court.  There could not be a more timely panel.  You won’t want to miss it! 

Objectives: 

• Discuss the background of the Miller v. CH Robinson case, and the important legal issues that permeate it for brokers, carriers and shippers 
• Discuss the various issues related to FAAA preemption that pervade broker casualty and cargo litigation, including the “safety exception” and its penumbrae 

Category: TRN