Tuesday, April 9, 2013
Great Owner-Operator Decision / Federal Preemption is Alive and Well, at Least in the Eastern District of Virginia
The purpose of the FAAAA was to prevent state laws from meddling in interstate commerce and interfering with routes, rates and services. Remember the federal preemption argument is at the heart of ASECTT et al. v. FMCSA – state law cannot be used to hold shippers and brokers liable for negligent selection when using carriers determined to be safe to operate under federal law.