Trucking

The trucking industry continues to struggle with rising fuel costs, the changing regulatory landscape, driver training, safety, and retention, environmental issues, and tort reform. The industry is also constantly in the sights of the regulators and the plaintiff’s bar. Indeed, if a tractor-trailer is remotely involved in an accident, even when the driver has committed no negligence, the transportation company is often sued for damages. When clients have high-exposure cases that must be efficiently and effectively managed, they call on McGuireWoods for quality defense.

Our team of experienced trial lawyers is not afraid to try a case to a jury. We represent clients in state and federal courts across the country, before regulatory agencies such as the National Transportation Safety Board (NTSB), and in investigations involving the Federal Motor Carrier Safety Administration (FMCSA). Our professionals have experience assisting clients with risk management decisions both on a case-by-case basis and as national coordinating counsel. We believe that ingenuity and aggressive defense is the most effective and efficient response to litigation. To help clients resolve disputes efficiently, we also represent clients in negotiating structured settlements and in alternative dispute resolution procedures.

In addition to accident claims, we regularly advise clients on matters involving labor and employment, workers compensation, compliance with Department of Transportation (DOT) and Americans with Disabilities Act (ADA) hiring requirements, negligent hire and retention claims, HAZMAT and environmental claims, contract disputes, and international transactions, including laws governing the assessment of customs duties and the administration of import and export laws and regulations.

We demonstrate our commitment to the trucking industry through our participation in a range of associations and industry conferences. The lawyer who heads our trucking practice has been a member of the invitation-only Trucking Industry Defense Association (TIDA) since 2001.

Transportation-Trucking

CONTACTS

J. Brian Jackson Partner T: +1 434 980 2221
Results 1-18 of 18
Representative Matter

GE Sells Stake in Penske Truck Leasing

Representation of the Special Committee of the Board of Directors of Penske Automotive Group, Inc. in its $499 million acquisition from subsidiaries of GE Capital Global Holdings, LLC of a 14.4 percent ownership interest in Penske Truck Leasing Co., L.P.
Representative Matter

Port terminal operator

McGuireWoods persuaded the U.S. Court of Appeals for the 5th Circuit to affirm a grant of summary judgment previously obtained by the firm on behalf of APM Terminals in an Age Discrimination in Employment Act (ADEA) lawsuit.
Representative Matter

Tractor-trailer company

Defense of tractor-trailer company and driver against allegations of negligence in interstate collision. Plaintiff was ejected at highway speeds when her vehicle rolled after evading defendant’s tractor trailer which she alleged improperly changed lanes. Tried case to jury and forced plaintiff to nonsuit after court instructed jury regarding her failure to use a seat belt.
Representative Matter

Leading food distributor

Representation of a leading food distributor in a motion for judgment on the pleadings granted on ground that California’s meal and rest break laws, as applied to a motor carrier’s truck drivers, are preempted by the Federal Aviation Administration Authorization Act. This was the first such ruling to be made by a California state court.
Representative Matter

Fortune 100 financial institution

Representation of a Fortune 100 financial institution in a $85 million secured revolving credit facility provided to a truckload carrier that offers premium transportation services.
Representative Matter

Insurance company

Defense of an insurance company and its insured against claims that our client had caused a head-on interstate collision by traveling down interstate going the wrong way. Both drivers died in the collision. Despite four eye witnesses' testimony, we were able to convince the jury that our client was right-way driver and plaintiff was wrong-way driver and caused the accident, killing himself and our client. The jury returned a defense verdict on plaintiff’s claim and awarded defendant $1 million on wrongful death counterclaim after three-day trial.
Representative Matter

Transportation company

Represented a Midwest transportation services company in the negotiation of a full scale, enterprise wide procurement and implementation of Enterprise Resource Planning (ERP) software. The aggregate transaction value was approximately $100,000,000.
Representative Matter

Client with national fleet of trucks

Negotiation of the GPS agreement for a client’s national fleet of more than 2,000 trucks involving online navigation software for fleet management.
Representative Matter

Interstate passenger bus company

Representation of interstate passenger bus company during concurrent investigations by the NTSB and USDOT regarding a catastrophic accident resulting in numerous fatalities and injuries. Our representation involved negotiations with the NTSB and United States Attorney General regarding alleged FMCSA violations. We also negotiated the release of various assets that had been frozen by the government pending the investigation to keep company cash flow available during the investigations.
Representative Matter

Lessor company

Represented lessor in an $11 million single investor TRAC lease of tractor-trailers to a chemical company.
Representative Matter

One of the largest beer companies in the U.S.

Representation of one of the largest beer companies in the U.S. in its complex commercial transactions and its supply chain needs, including those related to supply, distribution, purchasing, facilities management, corporate sponsorships, energy, governmental contracts, outsourcing, telecommunications, real estate portfolio maintenance, ocean and land transportation agreements, OSHA compliance, recall expertise, FDA compliance, environmental assessments and compliance, antitrust matters, etc.
Representative Matter

Transportation client

A company's position regarding an injured driver for Workers Compensation purposes can often put the company at odds with the driver and favorable fact defenses in a third-party civil suit arising out of the same accident.
Representative Matter

Transportation company

Matters involving trailer accidents on restricted access federal highways in which loads met state but not federal law weight limits.
Representative Matter

Transportation company

Tried wrongful death claim in Georgia to defense verdict. Obtained dismissal of negligent hire and entrustment claims on basis of federal preemption of specific claims by Federal Motor Carrier Safety Regulations.
Representative Matter

Transportation company

We successfully defended Florida-based transportation company, and various subsidiaries, after several accidents involving allegations of improperly secured loads resulting in load-shift accidents, including a one post-collision fire. Industry standards for securing loads in a 53 foot less-than-truckload trailer were at issue in this matter which was dismissed at summary judgment.
Representative Matter

Trucking companies

Interplay of state and federal weight restrictions can be particularly tricky issue for companies who transport products over state lines, as federal restrictions can differ from state laws.
Representative Matter

Trucking company

A trucking company client was guided to a favorable settlement by McGuireWoods in a matter where the client's defense was based on federal preemption of state law claims based on allegations of negligent hire, training and entrustment in Dallas, Texas.
Representative Matter

Vehicle fleet company

Negotiation of contracts for a fleet of vehicles that service more than 5,000 retail stores.
Results 1-18 of 18
Sabrina A Beldner Sabrina A. Beldner
Partner
1800 Century Park East
8th Floor
Los Angeles, CA 90067-1501

Two Embarcadero Center
Suite 1300
San Francisco, CA 94111-3821

T: +1 310 956 3419
F: +1 310 956 3119
vCard

T:+1 415 844 1947
F: +1 415 844 1925

Bryan C Brantley Bryan C. Brantley
Partner
Tower Two-Sixty
260 Forbes Avenue
Suite 1800
Pittsburgh, PA 15222-3142

T: +1 412 667 7983
F: +1 412 667 7971
vCard
Liz Buckley Elizabeth A. Buckley
Counsel
Promenade
1230 Peachtree Street, N.E.
Suite 2100
Atlanta, GA 30309-3534

T: +1 404 443 5744
F: +1 404 443 5795
vCard
Meghan M Cloud Meghan Cloud
Counsel
Court Square Building
310 Fourth Street, N.E.
Suite 300
Charlottesville, VA 22902-1288

T: +1 434 977 2534
F: +1 434 980 2254
vCard
Rick Conner Rick Conner
Counsel
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2137
F: +1 704 444 8790
vCard
Akiesha Gilcrist Akiesha R. Gilcrist
Associate
Tower Two-Sixty
260 Forbes Avenue
Suite 1800
Pittsburgh, PA 15222-3142

T: +1 412 667 7938
F: +1 412 667 7942
vCard
Steve Gold Steve Gold
Partner
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

T: +1 312 321 7664
F: +1 312 698 4583
vCard
Justin D Howard Justin D. Howard
Partner
434 Fayetteville Street
Suite 2600
Raleigh, NC 27601

T: +1 919 755 6685
F: +1 919 755 6586
vCard
J. Brian Jackson J. Brian Jackson
Partner
Court Square Building
310 Fourth Street, N.E.
Suite 300
Charlottesville, VA 22902-1288

T: +1 434 980 2221
F: +1 434 980 2253
vCard
Matthew C Kane Matthew C. Kane
Partner
1800 Century Park East
8th Floor
Los Angeles, CA 90067-1501

Two Embarcadero Center
Suite 1300
San Francisco, CA 94111-3821

T: +1 310 315 8295
F: +1 310 956 3195
vCard

T:+1 415 844 1945
F: +1 415 844 1923

David D Leishman David D. Leishman
Senior Counsel
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

T: +1 312 750 8680
F: +1 312 698 4531
vCard
James F Neale James F. Neale
Partner
Court Square Building
310 Fourth Street, N.E.
Suite 300
Charlottesville, VA 22902-1288

T: +1 434 977 2582
F: +1 434 980 2263
vCard
Derek A Roach Derek A. Roach
Partner
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

T: +1 312 321 7683
F: +1 312 698 4587
vCard
Bruce M Steen Bruce M. Steen
Partner
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 353 6244
F: +1 704 353 6200
vCard
Lisa Ormand Taylor Lisa Ormand Taylor
Partner
Bank of America Tower
50 North Laura Street
Suite 3300
Jacksonville, FL 32202-3661

T: +1 904 798 3240
F: +1 904 360 6340
vCard
Ashley Winsky Ashley W. Winsky
Associate
Gateway Plaza
800 East Canal Street
Richmond, VA 23219-3916

T: +1 804 775 1207
F: +1 804 698 2207
vCard
Natalie Zagari Natalie L. Zagari
Associate
Tower Two-Sixty
260 Forbes Avenue
Suite 1800
Pittsburgh, PA 15222-3142

T: +1 412 667 7986
F: +1 412 667 7970
vCard
Results 1-2 of 2
Speaking Engagement

2017 ATA Forum for Motor Carrier General Counsel

July 16-19, 2017
Beaver Creek, CO
Speaking Engagement

Transportation Megaconference XIII: Trucking and Motor Carrier Litigation

March 8-10, 2017
New Orleans, LA
Results 1-2 of 2
Results 1-4 of 4
Article

Under Pressure

The trucking industry reacts to new attacks on the independent contractor model

Transportation & Logistics
Summer 2014
Results 1-4 of 4