Amicus BriefsTIDA supports the trucking defense industry through the creation of amicus briefs. An amicus brief is a person (or other entity, such as a state government) who is not a party to a particular lawsuit but nevertheless has a strong interest in it may be allowed, by leave of the court, to file an amicus curiae brief, a statement of particular views on the subject matter of the lawsuit. GEORGIA: INSURER’S MCS-90 ENDORSEMENT IS CANCELLED WHEN REPLACED BY ANOTHER INSURER’S MCS-90 ENDORSEMENTAugust 6, 2025 Appeal from the United States District Court for the Northern District of Georgia, Gainesville Division, Richard W. Story, United States District Judge. TIDA filed an amicus brief in the United States Court of Appeals for the Eleventh Circuit in the case of Cagle v. National Indemnity Company of the South, Case No. 25-11778. The brief is in support of TIDA defense counsel member Mark Barber of Baker Donelson Bearman Caldwell & Berkowitz and his client National Indemnity Company of the South (“NICO”), whose MCS-90 endorsement for a motor carrier was improperly triggered for coverage. Read the summary and download the full brief.
Virginia: Negligent Hiring Claim Against Western ExpressJanuary 23, 2025 Appeal from the United States District Court for the Western District of Virginia, at Lynchburg. Norman K. Moon, Senior District Judge. Read the summary and download the full brief. Pennsylvania: Standard of Proof Required to Establish Forum Non ConveniensJune 12, 2024 Appeal from an Opinion and Order of the Superior Court of Pennsylvania entered on October 11, 2023 at No. 1746 EDA 2022, No. 2343 EDA 2022, No. 2421 EDA 2022, No. 2426 EDA 2022, and No. 2427 EDA 2022, vacating the Orders granting Motions to Transfer Venue Based on Forum Non Conveniens Under Pa.R.C.P. texas: driver liability standardsFebruary 16, 2024 TIDA and the Texas Trucking Industry filed an amicus brief in the Supreme Court of Texas Fourteenth Court of Appeals, No. 14-18-00967-CV in the case of Warner Enterprises, Inc. Read the summary and download the full brief. Virginia: Motor Carrier’s Stipulated Vicarious Liability to Cut Off Claim for Negligent HiringOctober 31, 2023 TIDA filed an amicus brief in the United States Court of Appeals for the Fourth Circuit in the case of Le Doux v. Western Express, Inc. and Worthy, Case No. 23-1672, in support of the TIDA member Western Express, Inc. and its driver Ervin Joseph Worthy. Read the summary and download the full brief. indiana: MCS-90 Endorsement – Intrastate Trip Between Two CitiesMay 17, 2023 TIDA submitted an amicus brief in support of TIDA member Prime Insurance Company’s petition for writ of certiorari to the United States Supreme Court in the matter of Prime Ins. Co. v. Wright, SCOTUS Docket No. 22-1006. Prime Insurance has petitioned the Supreme Court to address a split of authority amongst the jurisdictions concerning the application of federal financial responsibility regulations under the Federal Motor Carrier Act. Read the summary and download the full brief. Indiana: USDOT’s MCS-90 Endorsement on Insurance Policy / Intrastate Trip With Empty LoadAugust 3, 2021 On August 3, 2021, TIDA filed an amicus brief with the Indiana Supreme Court, in the case entitled Progressive Southeastern Ins. Co. v. B&T Bulk LLC., in support of the appellant Progressive Southeastern Ins. Co. Read the summary and download the full brief.California: Medical Damages / Lien PhysiciansApril 19, 2021 TIDA filed an amicus brief with the California Court of Appeal, Second Appellate District, Division Eight, in the case entitled Malak Qaadir v. Ubalso Figuero and Pacifica Trucks, LLC., in support of the defendants/appellants Figueroa and Pacifica Trucks. Read the summary and download the full brief.Georgia: Direct Action StatuteApril 16, 2021 TIDA filed an amicus brief (attached) with the United States Court of Appeals for the Eleventh Circuit, in the case entitled Holland v. Cypress Insurance Company, in support of the defendant/appellant Cypress Insurance Company. Read the summary and download the full brief. Wisconsin: Overweight CitationsMarch 11, 2020 TIDA filed an amicus brief and motion in the Wisconsin Supreme Court on an issue concerning overweight citations. Read the summary and download the full brief. Arizona: Punitive Damages StandardsSeptember 29, 2020 TIDA filed an amicus brief (attached) with the Arizona Supreme Court, in the case entitled Swift Transportation v. Carman, Mountz, in support of the defendant/petitioner Swift Transportation. Read the summary and download the full brief. Texas: Vicarious Liability / Gross Negligence ExceptionMay 29, 2019 FTS International Services, LLC v. Joshua Patterson. Although Texas appellate courts have generally recognized the Patterson rule, several—including the court of appeals that decided this case—have created an exception in cases where a gross negligence claim is asserted. Read the summary and download the full brief. New Mexico: Excessive Damage AwardMarch 15, 2018 TIDA filed an amicus motion and brief in support of FedEx Ground’s petition for writ of certiorari in New Mexico Supreme Court. Read the summary and download the full brief. California: Meal-Break and Rest-Break Laws / Federal PreemptionMarch 8, 2018 United States Supreme Court in support of J.B. Hunt, Inc. on issue of allowing the state of California to impose on the motor carrier various meal-break and rest-break laws which would alter the motor carrier’s performance-based pay program for its drivers. Read the summary and download the full brief. Alabama: Confidential and Proprietary Information ProtectedNovember 6, 2017 / UPDATE March 2, 2018 Alabama Supreme Court in support of Industrial Warehouse Services, Inc. Plaintiffs’ attorneys have no right to use the confidential proprietary information for any purpose outside this litigation. Read the summary, update and download the full brief. Indiana: Independent Negligence TheorySeptember 19, 2016 TIDA submitted an amicus brief supporting JB Hunt’s Petition to Transfer to the Indiana Supreme Court, to overturn a $19. 2 mil. net verdict against JB Hunt. Read the summary and download the full brief. New Mexico: Insurance Policy Limits for Motor CarriersMarch 26, 2015 New Mexico Supreme Court in support of TIDA member Northland Insurance Company. Read the summary and download the full brief. California: Broker LiabilityAugust 25, 2014 California Supreme Court in support of trucking broker Kam-Way Transportation, Inc. Read the summary and download the full brief. New Mexico: Insurance Policy Limits for Motor CarriersAugust 5, 2014 New Mexico Supreme Court in support of TIDA member Northland Insurance Company. Read the summary and download the full brief. California: Employee Exclusion in Motor Carrier Insurance PolicyJuly 1, 2014 California Supreme Court in support of TIDA member, Global Hawk Insurance Company. Read the summary and download the full brief. Nevada: Cargo Claim Under Carmack AmendmentJanuary 22, 2013 Nevada Supreme Court, Carmack Amendment decision. Read the summary and download the full brief. |
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