- Eric Schultenover, General Counsel, Good People Brewing Company
What is the proper test for distinguishing brokers from carriers under the Carmack Amendment?
On March 28, 2018, the Eleventh Circuit Court of Appeals addressed this question in Essex Ins. Co. v. Barrett Moving & Storage, Inc., No. 16-11526, 2018 WL 1407067 (11th Cir. Mar. 21, 2018), a case of first impression within the Circuit. This opinion offers guidance for transportation and logistics companies on when the Carmack Amendment actually applies to a particular shipment because the Carmack Amendment’s strict liability provisions apply to motor carriers but not to brokers.