Amicus Briefs

TIDA 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.

TEXAS: PROXIMATE CAUSE REQUIRES SUBSTANTIAL FACTOR TEST - $89.0 MIL. VERDICT AGAINST MOTOR CARRIER REVERSED – RESPONDEAT SUPERIOR ADMISSION RULE STRONGLY ENDORSED

September 26, 2025

Appeal from the Court of Appeals for the Fourteenth District of Texas.

In Werner v. Blake, the Texas Supreme Court reversed an $89 million verdict against TIDA member Werner Enterprises and its driver, holding that there was legally insufficient evidence of proximate cause. The Court emphasized that although there were allegations that Werner failed to take appropriate precautions under the circumstances—including by allowing its driver to operate during icy conditions—the sole substantial cause of the crash was another vehicle that lost control, crossed a 42-foot median, and struck Werner’s truck before the driver had time to react.  The Court clarified that liability cannot rest on mere presence or “happenstance of place and time,” but requires a substantial factor that actually brings about the injury. TIDA and the Texas Trucking Association submitted an amicus brief on 2-16-2024, prepared by Juan Fuentes of The Fuentes Firm, P.C., urging the Court to reinforce these limits on proximate cause and to adopt the “Admission Rule,” which bars derivative employer negligence claims (such as negligent hiring or training) when course and scope of employment is admitted. The Court resolved the case on proximate cause grounds and the concurring opinion strongly endorsed the Admission Rule, criticizing the lower court’s rejection of it and warning that allowing derivative theories to proceed inflames juries and distorts apportionment of fault. Read the Amicus Brief and the Texas Supreme Court main opinion and concurring opinion.

GEORGIA: INSURER’S MCS-90 ENDORSEMENT IS CANCELLED WHEN REPLACED BY ANOTHER INSURER’S MCS-90 ENDORSEMENT

August 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.

PENNSYLVANIA:  FORUM NON CONVENIENS DOCTRINE RESCUES MOTOR CARRIERS FROM PLAINTIFF-FRIENDLY COURTS IN PHILADELPHIA

March 4, 2025

Appeal from the Order of the Superior Court.

TIDA filed an amicus brief in the Supreme Court of Pennsylvania in the case of Tranter v. Z&D Tour, Inc. et al, in support of TIDA member John Pion of Pion, Nerone, Girman & Smith, P.C., whose client is Penske Truck Leasing Company.  The plaintiffs’ bar continues to file truck wreck lawsuits in Philadelphia County that have no business being filed there other than it being very plaintiff-friendly.  Penske and other motor carriers moved to transfer the cases to the proper venue in western Pennsylvania.  The Philadelphia County trial court granted the transfer motion on forum non conveniens grounds, highlighting the number of potential witnesses who would be forced to travel a great distance to Philadelphia.  But then the Superior Court (the intermediate appellate court) reversed, concluding that the motor carriers had failed to provide sufficient detail establishing that the identified individuals in western PA were “key witnesses” who would provide “relevant and necessary” testimony that would be “critical to their defenses.”  In the appeal to the Supreme Court of Pennsylvania, the Court held that because the intermediate court’s “key witness” requirement finds no support in the high court’s precedent and imposes an excessively high burden upon the defense, the court reversed the intermediate court’s order and held the trial court’s transfer was wholly proper based on forum non conveniens grounds. 2025 WL 2731703, ___ A.2d ___ (Pa. 2025).  Casey A. Coyle and Carla M. Castello of the Babst Calland firm in Harrisburg, PA filed the amicus brief on behalf of TIDA and 12 other amici.  Read the Amicus Brief and the Supreme Court of Pennsylvania’s majority opinion.

Virginia: Negligent Hiring Claim Against Western Express

January 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 Conveniens 

June 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.
1006(d)(1) entered June 2, 2022, August 3, 2022, and August 4, 2022, in the Philadelphia County Court of Common Pleas. Read the summary and download the full brief.

texas: driver liability standards

February 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 Hiring

October 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 Cities

May 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 Load

August 3, 2021

California: Medical Damages / Lien Physicians

April 19, 2021