Gallagher Sharp LLP

07/18/2023

Seventh Circuit Finds that the FAAAA Preempts Personal Injury Claims Against Freight Brokers by holding that a plaintiff’s claim for negligent hiring/selection was preempted by the 1994 Federal Aviation Administration Authorization Act (“FAAAA”) and not saved by the “safety exception." Read the full newsflash from GS Attorney Rob Boroff at https://lnkd.in/gFvWDn6g.

06/19/2023

We are disappointed to report that Louisiana’s Governor, John Bel Edwards, has vetoed SB 196, a Bill that would have required disclosure of third-party litigation financing agreements (TPLAs) and permitted the TPLA’s participants to be the subjects of discovery in civil litigation. Read the full update from GS Attorneys Rob Boroff and Devin Bembnister by clicking here: https://lnkd.in/g8sb7Fnx

06/14/2023

Louisiana may soon join other states in requiring disclosure of third-party litigation finance arrangements (“TPLAs”) in civil litigation, and more importantly, allowing defendants to conduct discovery into these agreements and arrangements. Read the full update from GS Attorneys Rob Boroff and Devin Bembnister by clicking here: https://lnkd.in/gppq-mVz

05/29/2023

Honoring the brave and selfless heroes who made the ultimate sacrifice for our freedom. 🇺🇸 This Memorial Day, let's remember their courage and express our deepest gratitude.

05/22/2023

The State of Montana enacted the Litigation Financing Transparency and Consumer Protection Act, or SB 269, which establishes several mandates on third-party litigation financing (TPLF). Read the full update from GS Attorneys Rob Boroff and Devin Bembnister by clicking here:

The State of Montana enacted the Litigation Financing Transparency and Consumer Protection Act, or SB 269, which establishes several mandates on third-party litigation financing (TPLF). In general, financers of TPLFs are persons or entities, such as a hedge fund manager or private equity company, wh...

05/22/2023

Today, we proudly celebrate , a U.S. holiday that celebrates the maritime industry. Our GS Admiralty & Maritime team also recognizes our marine clients that continue to push the industry forward.

05/14/2023

05/12/2023

We are excited to promote the upcoming National African American Insurance Association (NAAIA) Cleveland Chapter Relaunch Social happening on Thursday, May 18th in Cleveland, Ohio. The Cleveland Chapter serves Northeast Ohio region and offers networking and professional development experiences for insurance and risk management professionals. For more details on the event and registration, please click here: https://bit.ly/NAAIASocialMixer

Thursday, May 18, 2023  at Meraki Lounge 2195 Lee Rd Cleveland Hts, OH 44118

04/19/2023

It is anticipated Governor will sign into law a bill significantly affecting tort liability against trucking companies. The Bill, Senate File 228, was passed by the Iowa State Senate on Monday April 17, 2023 following its passage in the State House on March 28, 2023. If signed into law as anticipated, the Bill will cap the amount of non-economic damages in trucking cases to $5M per plaintiff and eliminate liability for negligent hiring claims if agency/course and scope of employment is stipulated.

Read the full update from Gallagher Sharp Attorneys Rob Boroff and Devin Bembnister:

Tort reform is coming to Iowa. It is anticipated Iowa Governor Kim Reynolds will sign into law a bill significantly affecting tort liability against trucking companies.

04/17/2023

: Eleventh Circuit Rules FAAAA Preemption Applies In Case Against Freight Broker For Negligent Selection

On April 13, 2023, the Eleventh Circuit Court of Appeals held that a plaintiff’s claim for negligent selection/hiring against a freight broker was: 1) preempted by the 1994 Federal Aviation Administration Authorization Act ( ) found in 49 U.S.C. § 14501(c)(1), and 2) not saved by the “safety exception” found in 49 U.S.C. § 14501(c)(2)(A).

Read more in our latest update from Gallagher Sharp Partner Rob Boroff: https://www.gallaghersharp.com/eleventh-circuit-rules-faaaa-preemption-applies-in-case-against-freight-broker-for-negligent-selection/

03/31/2023

The Gallagher Sharp Trucking Defense Group is proud to have had Partner Joe Pappalardo participate in a featured session during the 2023 CLM Alliance (Claims and Litigation Management Alliance) Annual Conference where he was joined by Lea Kapral of Acuity Insurance and James Foster of Cassiday Schade in a presentation titled “What’s Driving Claims, Suits, & Verdicts? Exploring Driver Issues & How They Affect Claims & Lawsuits.”

03/24/2023

: Tort Reform Is Coming To Florida

Earlier this month we reported that members of the Florida House of Representatives introduced a momentous tort reform bill, H.B. 837, that had passed in a House of Representatives subcommittee. Since then, both the Florida House of Representatives and Florida Senate have passed the measure and the bill is now on the desk of Florida Governor Ron DeSantis for signature. It is anticipated Governor DeSantis will sign the bill today or next week.

Read the full update from Rob Boroff and Devin Bembnister here:

Earlier this month we reported that members of the Florida House of Representatives introduced a momentous tort reform bill, H.B. 837, that had passed in a House of Representatives subcommittee. Since then, both the Florida House of Representatives and Florida Senate have passed the measure and the....