Armchair Attorney® Podcast

The case asks whether the Federal Aviation Administration Authorization Act of 1994 (FAAAA) preempts state negligence claims against freight brokers for carelessly selecting unsafe motor carriers or drivers. The crash happened December 7, 2017, on Interstate 70 in Illinois. Missouri truck driver Shawn Montgomery had pulled his 2015 Mack truck onto the shoulder for mechanical repairs. While standing outside, he was struck from behind by a speeding 1995 Freightliner tractor-trailer driven by Yosniel Varela-Mojena. Montgomery lost his leg and suffered permanent disfigurement. Varela-Mojena worked for Indiana-based Caribe Transport II, which owned the tractor. The trailer was leased from a related Florida company. Freight broker C.H. Robinson arranged the shipment of plastic pots from Ohio to Arkansas and Texas under a contract with Caribe II. Montgomery sued under state law, claiming negligence against the driver, the carriers, and Robinson for negligent hiring. Robinson argued the FAAAA’s Section 14501(c)(1) preempts the claims because they relate to a broker’s “price, route, or service” in transporting property. The district court said the claims related to broker services but fit the safety exception in Section 14501(c)(2)(A), which preserves state “safety regulatory authority… with respect to motor vehicles.” The 7th Circuit held that negligent-hiring claims against brokers are preempted. Montgomery argues to the Supreme Court that his claims are not preempted. He says the FAAAA targets economic regulations, not safety-based torts. The safety exception protects states’ traditional authority over motor vehicles, and requiring brokers to use reasonable care when hiring carriers falls within that power. He warns broad preemption could leave victims without remedies and encourage brokers to choose risky carriers for profit. Robinson and the other respondents reply that state tort claims like negligent hiring are expressly preempted by the statute’s plain text. The safety exception applies only to rules with a “direct connection” to motor vehicles. Brokers do not own or operate vehicles, so states lack authority to impose personal injury liability on them. Policy concerns cannot override the law’s wording. The U.S. government filed a brief supporting the respondents, arguing the text requires a direct link to vehicles, and a broker’s duty to select carriers carefully does not qualify. The government reversed its prior position after new review and court developments. The outcome is hard to predict, especially with the government’s shift. Oral argument will likely feature questions about what counts as a “direct connection” to motor vehicles. This program is brought to you by DAT Freight & Analytics. Since 1978, DAT has helped truckers & brokers discover more available loads. Whether you're heading home or looking for your next adventure, DAT is building the most trusted marketplace in freight. New users of DAT can save 10% off for the first 12 months by following the link below. Built on the latest technology, DAT One gives you control over every aspect of moving freight, so that you can run your business with speed & efficiency. This program is also brought to you by our newest sponsor, GenLogs. GenLogs is setting a new standard of care for freight intelligence. Book your demo for GenLogs today at www.genlogs.io today!

It's not everyday I get to moderate a panel of experts. Even rarer is getting the audio to release to all of you! Well, earlier this month I was fortunate enough to moderate a panel on drop trailers with Tom Larson & Peter Weis of ITS Logistics, Lance McCrorey, MBA of Continental, & Courtney Padgitt of Post Consumer Brands. The energy was palpable. Spoiler: everyone loves trailers. This program is brought to you by DAT Freight & Analytics. Since 1978, DAT has helped truckers & brokers discover more available loads. Whether you're heading home or looking for your next adventure, DAT is building the most trusted marketplace in freight. New users of DAT can save 10% off for the first 12 months by following the link below. Built on the latest technology, DAT One gives you control over every aspect of moving freight, so that you can run your business with speed & efficiency. This program is also brought to you by our newest sponsor, GenLogs. GenLogs is setting a new standard of care for freight intelligence. Book your demo for GenLogs today at www.genlogs.io today!

We're less than a week out from the Learning Resources case. No surprise, I'm still collecting my thoughts. At issue were the reciprocal tariffs used under IEEPA, or, put another way, the "gradual but continual accretion of power in the executive branch & away from the people's representatives." In this video, I take an excerpt from the oral arguments between Justice Gorsuch & Solicitor General Sauer where we first heard of the "one-way ratchet." We then look at Justice Gorsuch's closing paragraph in his concurring opinion. Spoiler: it's a message for you. And you won't want to miss it. This program is brought to you by DAT Freight & Analytics. Since 1978, DAT has helped truckers & brokers discover more available loads. Whether you're heading home or looking for your next adventure, DAT is building the most trusted marketplace in freight. New users of DAT can save 10% off for the first 12 months by following the link below. Built on the latest technology, DAT One gives you control over every aspect of moving freight, so that you can run your business with speed & efficiency. This program is also brought to you by our newest sponsor, GenLogs. GenLogs is setting a new standard of care for freight intelligence. Book your demo for GenLogs today at www.genlogs.io today!

IEEPA tariffs are found Unconstitutional, Learning Resources, Inc. v. Trump (2026). Today, Feb 20, 2026, the U.S. Supreme Court ruled in two combined cases that the International Emergency Economic Powers Act (IEEPA) does not give the President the power to impose tariffs on imports. This decision stopped tariffs set by President Trump to fight drug trafficking and trade deficits. Soon after becoming president, Trump declared national emergencies under IEEPA. He cited two big threats: Drug influx & Trade deficits. Businesses and states sued, saying IEEPA doesn't allow tariffs. One case started in a D.C. district court, which blocked the tariffs temporarily. The other went to the Court of International Trade (CIT) and was upheld by the Federal Circuit appeals court. They said IEEPA's words about "regulating importation" don't cover unlimited tariffs. The Constitution gives Congress, not the President, the power to set taxes and duties, including tariffs (Article I, Section 8). The Framers wanted Congress to control "the pockets of the people." Presidents have no natural right to impose tariffs in peacetime. The government argued IEEPA lets the President "regulate... importation," which they said includes tariffs of any size, length, or scope. But the Court disagreed, using these key points: Major Questions Doctrine: The Court is wary of laws that vaguely give away huge powers. Tariffs affect the economy massively, trillions in trade and billions in revenue. Congress wouldn't hide such a big handover in unclear words. In 50 years of IEEPA, no president had used it for tariffs. Past laws delegating tariff power were always clear and limited. This claim was too extreme, especially for the "power of the purse." Word Meanings in IEEPA: The law lists powers like "investigate, block, regulate, direct, nullify" imports or exports. It doesn't mention tariffs or duties. "Regulate" usually means to control or restrict, not to tax. Taxes are separate, Congress always says so explicitly when giving tax powers. If "regulate" included taxes, it might violate the Constitution's ban on export taxes. The other words in the list are about sanctions or controls, not raising money. No Exceptions: Even in emergencies or foreign affairs, Congress must clearly say if it's giving away tariff power. Tariffs aren't just regulation; they're taxes with big economic and political effects. The Court vacated (canceled) the D.C. case for jurisdictional reasons and affirmed (upheld) the Federal Circuit's ruling. IEEPA can't be used for tariffs. This protects Congress's role in trade policy. The opinion was written by Chief Justice Roberts, with parts joined by Justices Gorsuch and Barrett. It stresses separation of powers and careful reading of laws. This program is brought to you by DAT Freight & Analytics. Since 1978, DAT has helped truckers & brokers discover more available loads. Whether you're heading home or looking for your next adventure, DAT is building the most trusted marketplace in freight. New users of DAT can save 10% off for the first 12 months by following the link below. Built on the latest technology, DAT One gives you control over every aspect of moving freight, so that you can run your business with speed & efficiency. This program is also brought to you by our newest sponsor, GenLogs. GenLogs is setting a new standard of care for freight intelligence. Book your demo for GenLogs today at www.genlogs.io today!

To Own or Not to Own? That is the question. And who better to help answer that question than Dean Vicha, President of NationaLease. Who is NationaLease? How about one of the largest full-service commercial truck & trailer leasing organizations in North America? Founded in 1944, it is a member-owned network of over 100 independent businesses operating more than 1,000 service locations across the United States and Canada. As Dean would say, think the Ace Hardware of heavy duty leasing industry. With over 100,000 pieces of power & 85,000 trailers, Dean & the team at NationaLease know a thing or two about helping incredible brands safely deliver freight on time & undamaged. This program is brought to you by DAT Freight & Analytics. Since 1978, DAT has helped truckers & brokers discover more available loads. Whether you're heading home or looking for your next adventure, DAT is building the most trusted marketplace in freight. New users of DAT can save 10% off for the first 12 months by following the link below. Built on the latest technology, DAT One gives you control over every aspect of moving freight, so that you can run your business with speed & efficiency. This program is also brought to you by our newest sponsor, GenLogs. GenLogs is setting a new standard of care for freight intelligence. Book your demo for GenLogs today at www.genlogs.io today!

In this lightning installment, we are joined by Ryan Joyce, CEO & Co-Founder of GenLogs. On February 2, 2026, GenLogs announced that it has closed a $60 million Series B funding round. The investment, led by Battery Ventures and including participation from IVP, Cathay Innovation, 9Yards, and existing backers like Venrock, Steel Atlas, HOF Capital, TitletownTech, and Autotech Ventures, brings the company’s total funding to $81 million since its founding in 2023. This latest capital raise aims to expand GenLogs’ AI-powered Truck Intelligence™ platform, which leverages a nationwide network of roadside sensors, satellites, and diverse data streams to provide unprecedented visibility into U.S. trucking operations. We talk This program is brought to you by DAT Freight & Analytics. Since 1978, DAT has helped truckers & brokers discover more available loads. Whether you're heading home or looking for your next adventure, DAT is building the most trusted marketplace in freight. New users of DAT can save 10% off for the first 12 months by following the link below. Built on the latest technology, DAT One gives you control over every aspect of moving freight, so that you can run your business with speed & efficiency. This program is also brought to you by our newest sponsor, GenLogs. GenLogs is setting a new standard of care for freight intelligence. Book your demo for GenLogs today at www.genlogs.io today!

In a big Supreme Court showdown over trucking accidents, major business groups have filed a friend-of-the-court brief supporting freight brokers. The case, Shawn Montgomery v. Caribe Transport II, LLC, et al., stems from a 2018 crash where a trucker hired through broker C.H. Robinson hit Montgomery’s car, causing injuries. Montgomery sued the broker for negligent hiring, claiming CH picked an unsafe carrier. The Seventh Circuit Court said federal law blocks such state lawsuits against brokers. Now, the Supreme Court will decide. In this episode, we dig into the latest amicus brief. A Who’s Who of Business Organizations Nearly as important as the arguments advanced in this amicus brief are the entities that are advancing them. U.S. Chamber of CommerceBusiness RoundtableNational Association of Wholesaler-Distributors (NAW)National Federation of Independent Business (NFIB)National Retail Federation (NRF)This program is brought to you by DAT Freight & Analytics. Since 1978, DAT has helped truckers & brokers discover more available loads. Whether you're heading home or looking for your next adventure, DAT is building the most trusted marketplace in freight. New users of DAT can save 10% off for the first 12 months by following the link below. Built on the latest technology, DAT One gives you control over every aspect of moving freight, so that you can run your business with speed & efficiency. This program is also brought to you by our newest sponsor, GenLogs. GenLogs is setting a new standard of care for freight intelligence. Book your demo for GenLogs today at www.genlogs.io today!

Experts have warned that Winter Storm Fern, which battered multiple U.S. states over the weekend, could result in a financial fallout exceeding $100 billion. How are the freight markets responding? We go to Ken Adamo of DAT Freight & Analytics to dig in. Or is it dig out? While some schools face cancellation, this fully remote class certainly won't be. This program is brought to you by DAT Freight & Analytics. Since 1978, DAT has helped truckers & brokers discover more available loads. Whether you're heading home or looking for your next adventure, DAT is building the most trusted marketplace in freight. New users of DAT can save 10% off for the first 12 months by following the link below. Built on the latest technology, DAT One gives you control over every aspect of moving freight, so that you can run your business with speed & efficiency. This program is also brought to you by our newest sponsor, GenLogs. GenLogs is setting a new standard of care for freight intelligence. Book your demo for GenLogs today at www.genlogs.io today!

Oh, it's time! It's time! It's Trailer Time! In this installment, I welcome Brent Yeagy, President & CEO of Wabash, the publicly-traded manufacturing company that designs & produces dry freight & refrigerated trailers, truck bodies, & tank trailers. Wabash also provides parts, services, & solutions like "Trailers as a Service" (TaaS). Founded in 1985 & headquartered in Lafayette, Indiana, Wabash National is THE major player in the transportation & logistics industry, focusing on innovation, & customer solutions. Get ready, theses trailing winds will lift all ships! This program is brought to you by DAT Freight & Analytics. Since 1978, DAT has helped truckers & brokers discover more available loads. Whether you're heading home or looking for your next adventure, DAT is building the most trusted marketplace in freight. New users of DAT can save 10% off for the first 12 months by following the link below. Built on the latest technology, DAT One gives you control over every aspect of moving freight, so that you can run your business with speed & efficiency. This program is also brought to you by our newest sponsor, GenLogs. GenLogs is setting a new standard of care for freight intelligence. Book your demo for GenLogs today at www.genlogs.io today!

That's right, Craig Fuller, Freight Alley himself, joins the podcast where we talk all things supply chain! Get ready! This program is brought to you by DAT Freight & Analytics. Since 1978, DAT has helped truckers & brokers discover more available loads. Whether you're heading home or looking for your next adventure, DAT is building the most trusted marketplace in freight. New users of DAT can save 10% off for the first 12 months by following the link below. Built on the latest technology, DAT One gives you control over every aspect of moving freight, so that you can run your business with speed & efficiency. This program is also brought to you by our newest sponsor, GenLogs. GenLogs is setting a new standard of care for freight intelligence. Book your demo for GenLogs today at www.genlogs.io today!

Oh this one was a long time coming! I first met Steve Syfan at DAT's Executive Symposium in the spring of 2025. As one of the founders of Syfan Logistics, a leading 3PL based in Gainesville, GA, Steve lives a life rooted in his Christian faith. As a family business owner, Steve works alongside his father & brother as well as a team of incredible men & women that share a vision of integrity & a commitment to delivering excellence 24 hours a day, 7 days a week. While the business of safely delivering freight on time & undamaged is difficult even under the best circumstances, Syfan sets itself apart. We all fall, it's how you get back up that matters most. In this episode we talk about faith, family, & building a world-class team within the most dynamic industry on the planet: logistics. Let's go! This program is brought to you by DAT Freight & Analytics. Since 1978, DAT has helped truckers & brokers discover more available loads. Whether you're heading home or looking for your next adventure, DAT is building the most trusted marketplace in freight. New users of DAT can save 10% off for the first 12 months by following the link below. Built on the latest technology, DAT One gives you control over every aspect of moving freight, so that you can run your business with speed & efficiency. This program is also brought to you by our newest sponsor, GenLogs. GenLogs is setting a new standard of care for freight intelligence. Book your demo for GenLogs today at www.genlogs.io today!

What happens when an unstoppable force collides with an immovable object? Thanks to the Traffic Club of Chicago, we found out! On Thursday, November 13th, Craig Fuller, Founder & CEO of Freightwaves & SONAR met Ken Adamo, GM for Shipper & Chief of Analytics for DAT Freight & Analytics. Missed the live event? Here you go! Follow Craig & Ken on x for even spicier takes! This program is brought to you by DAT Freight & Analytics. Since 1978, DAT has helped truckers & brokers discover more available loads. Whether you're heading home or looking for your next adventure, DAT is building the most trusted marketplace in freight. New users of DAT can save 10% off for the first 12 months by following the link below. Built on the latest technology, DAT One gives you control over every aspect of moving freight, so that you can run your business with speed & efficiency. This program is also brought to you by our newest sponsor, GenLogs. GenLogs is setting a new standard of care for freight intelligence. Book your demo for GenLogs today at www.genlogs.io today!

We're digging deep this week at the Armchair Attorney® Podcast as we dive into two Supreme Court cases. The first case is Learning Resources, Inc. v Trump. At issue is whether IEEPA authorizes the use of tariffs, and if it does, did Congress unconstitutionally delegate that power to the President? Oral arguments were last week, we'll discuss! The next case is Montgomery v. Caribe Transport II, LLC, which will determine whether federal law preempts state-law claims against freight brokers for negligently selecting a motor carrier. Broker liability! This case is significant because different federal circuits have had conflicting rulings on the issue, and the Supreme Court's decision is expected to create a unified standard for all brokers nationwide. This program is brought to you by DAT Freight & Analytics. Since 1978, DAT has helped truckers & brokers discover more available loads. Whether you're heading home or looking for your next adventure, DAT is building the most trusted marketplace in freight. New users of DAT can save 10% off for the first 12 months by following the link below. Built on the latest technology, DAT One gives you control over every aspect of moving freight, so that you can run your business with speed & efficiency. This program is also brought to you by our newest sponsor, GenLogs. GenLogs is setting a new standard of care for freight intelligence. Book your demo for GenLogs today at www.genlogs.io today!

For months we've watched this case move through the federal courts at a breakneck speed. Oral arguments for the V.O.S. Selections v. Trump case occurred on November 5, 2025. All roads lead to SCOTUS. Does IEEPA authorize tariffs? If it does, did Congress unconstitutionally delegate that power to the President? We're closer than we've ever been to knowing the answers. For your listening pleasure, here is the oral argument in its entirety. This program is brought to you by DAT Freight & Analytics. Since 1978, DAT has helped truckers & brokers discover more available loads. Whether you're heading home or looking for your next adventure, DAT is building the most trusted marketplace in freight. New users of DAT can save 10% off for the first 12 months by following the link below. Built on the latest technology, DAT One gives you control over every aspect of moving freight, so that you can run your business with speed & efficiency. This program is also brought to you by our newest sponsor, GenLogs. GenLogs is setting a new standard of care for freight intelligence. Book your demo for GenLogs today at www.genlogs.io today!

In this conversation, I am joined by Josh Allen, Chief Commercial Officer at ITS Logistics. Josh drives the company's business growth, customer acquisition, & commercial strategy, leveraging ITS's asset-based model & innovative tools to expand market share & tackle industry challenges. ITS Logistics is a leading third-party logistics (3PL) company founded in 1999 & headquartered in Reno, Nevada. It specializes in end-to-end supply chain management, offering a wide range of services including transportation solutions, distribution & fulfillment, & technology & innovation. Among the top North American 3PLs, ITS Logistics emphasizes a people-first culture, environmental responsibility, & creative problem-solving for complex supply chain challenges. ITS operates nationwide with a network of over [checks notes] 5,000 trailers? 5,000 trailers! Follow ITS over on Instagram & LinkedIn This program is brought to you by DAT Freight & Analytics. Since 1978, DAT has helped truckers & brokers discover more available loads. Whether you're heading home or looking for your next adventure, DAT is building the most trusted marketplace in freight. New users of DAT can save 10% off for the first 12 months by following the link below. Built on the latest technology, DAT One gives you control over every aspect of moving freight, so that you can run your business with speed & efficiency. This program is also brought to you by our newest sponsor, GenLogs. GenLogs is setting a new standard of care for freight intelligence. Book your demo for GenLogs today at www.genlogs.io today!

Jordan Graft is a man on a mission. As the Founder & CEO of Highway, the Dallas-based technology company focused on the trucking & industry, Highway is making freight more connected and secure. And it all starts with carrier identity. Or is it single sign on? In this episode, we talk faith, collaboration, Jordan's indefatigable drive to build one of the fastest growing technology companies in all transportation & logistics. And with cargo theft & fraud representing a multi-billion dollar annual problem, he has his work cut out for him! With a successful capital raise led by FTV Capital together with a new product launch in the Trusted Freight Exchange (FTX), Highway is just getting started. Buckle up! This program is brought to you by DAT Freight & Analytics. Since 1978, DAT has helped truckers & brokers discover more available loads. Whether you're heading home or looking for your next adventure, DAT is building the most trusted marketplace in freight. New users of DAT can save 10% off for the first 12 months by following the link below. Built on the latest technology, DAT One gives you control over every aspect of moving freight, so that you can run your business with speed & efficiency. This program is also brought to you by our newest sponsor, GenLogs. GenLogs is setting a new standard of care for freight intelligence. Book your demo for GenLogs today at www.genlogs.io today!

In this installment, I sit down with Will Fediw, Senior Vice President of the Virginia Maritime Association, as he gears up for VMA 2025. From serving in the coast guard to working in the c-suite, Will knows what it takes to bring an industry together at the VMA. What is the VMA? Glad you asked! The Virginia Maritime Association is a professional trade organization founded in 1920 to promote, protect, & advance international & domestic commerce through Virginia's ports. It serves as the primary advocate for the maritime industry, often described as the "Voice of the Port Industries," & focuses on enhancing competitiveness, developing solutions for members, & lobbying on key issues affecting port-related businesses. And if you haven't registered for the VMA's 2025 International Trade Symposium, now is the time! Use the discount code "Armchair" to save $100! This program is brought to you by DAT Freight & Analytics. Since 1978, DAT has helped truckers & brokers discover more available loads. Whether you're heading home or looking for your next adventure, DAT is building the most trusted marketplace in freight. New users of DAT can save 10% off for the first 12 months by following the link below. Built on the latest technology, DAT One gives you control over every aspect of moving freight, so that you can run your business with speed & efficiency. This program is also brought to you by our newest sponsor, GenLogs. GenLogs is setting a new standard of care for freight intelligence. Book your demo for GenLogs today at www.genlogs.io today!

Jorden Reber is an incredible person. A natural leader who excels at bringing the best out of people. As the EVP of ARL Network, an agent-based, asset transportation network built on the foundation of partnerships, and providing top-tier customer service throughout the United States. He also loves Mondays. In this episode, we discuss Jordan's journey from the restaurant kitchen to the C-Suite. Out of the frying pan & into the fire. Get ready. This program is brought to you by DAT Freight & Analytics. Since 1978, DAT has helped truckers & brokers discover more available loads. Whether you're heading home or looking for your next adventure, DAT is building the most trusted marketplace in freight. New users of DAT can save 10% off for the first 12 months by following the link below. Built on the latest technology, DAT One gives you control over every aspect of moving freight, so that you can run your business with speed & efficiency. This program is also brought to you by our newest sponsor, GenLogs. GenLogs is setting a new standard of care for freight intelligence. Book your demo for GenLogs today at www.genlogs.io today!

Once more unto the breach with the incredible, Anne Reinke, President & CEO of the Intermodal Association of North America. With just a couple weeks to go, the Intermodal Expo is gearing up! In this episode, Anne & I discuss our early careers in food service & retail. We also talk about the BNSF & CSX partnership, the end of the de minimus exemption on tariffs, & the latest in IEEPA. Let's go! This program is brought to you by DAT Freight & Analytics. Since 1978, DAT has helped truckers & brokers discover more available loads. Whether you're heading home or looking for your next adventure, DAT is building the most trusted marketplace in freight. New users of DAT can save 10% off for the first 12 months by following the link below. Built on the latest technology, DAT One gives you control over every aspect of moving freight, so that you can run your business with speed & efficiency. This program is also brought to you by our newest sponsor, GenLogs. GenLogs is setting a new standard of care for freight intelligence. Book your demo for GenLogs today at www.genlogs.io today!

Beth Young is a force of nature. From WyoTech, to the American Trucking Associations, to Velociti, Beth's career has spanned the logistics landscape. In this installment, we sit down to discuss the connected supply chain. The connected everything, really. We talk about solving problems, amplifying the message of skilled trades, & Beth's latest work helping fleets leverage technology to mitigate risk. Gear up, we're exploring the great outdoors of the connected supply chain! This program is brought to you by DAT Freight & Analytics. Since 1978, DAT has helped truckers & brokers discover more available loads. Whether you're heading home or looking for your next adventure, DAT is building the most trusted marketplace in freight. New users of DAT can save 10% off for the first 12 months by following the link below. Built on the latest technology, DAT One gives you control over every aspect of moving freight, so that you can run your business with speed & efficiency. This program is also brought to you by our newest sponsor, GenLogs. GenLogs is setting a new standard of care for freight intelligence. Book your demo for GenLogs today at www.genlogs.io today!