Trucking Groups Seek Full Appellate Review Over Liability Ruling Against Penske Logistics
Two major U.S. trucking associations—the American Trucking Associations (ATA) and the Truckload Carriers of America (TCA)—have filed a joint amicus brief with the Fifth Circuit Court, requesting an en banc hearing to reconsider a recent appellate decision that could expand liability for motor carriers like Penske Logistics. The case stems from a fatal 2018 crash in Texas involving multiple parties along a supply chain. The August 4 ruling by a three-judge panel overturned earlier favorable decisions for Penske Logistics and its brokerage affiliate, finding the company potentially liable as a statutory employer of an independent contractor driver due to perceived control over operations. The decision has alarmed industry leaders who argue it could disrupt long-standing liability protections under federal law. The ATA/TCA filing challenges key legal interpretations used in the ruling and seeks broader judicial review before the case is remanded back to district court.
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Topics: amicus brief appellate court liability case trucking