- 310-994-1385
- mileskavaller@att.net
- 2945 Townsgate Road, Suite 200 • Westlake Village, CA 91361
Thought Leadership
Mr. Kavaller has authored numerous articles on transportation law, worker classification, and freight industry developments — widely reproduced with his permission throughout the industry.
Featured
Federal preemption of California’s AB5 under the FAAAA was at issue in the U.S. Supreme Court’s denial of the petition for certiorari — with significant implications for the trucking industry.
By Miles L. Kavaller
On April 30, in Dynamex Operations West, Inc. v. Superior Court, 2018 DJDAR 3856, the California Supreme Court adopted a new standard for determining whether workers are employees or independent contractors.
By Miles L. Kavaller
“Wage theft” is the newest metaphor for truck driver claims as reported in a piece in the Los Angeles Times, Business section — examining the evolving landscape for owner-operators under California law.
By J. Scott McMahon and Miles Kavaller
Several years ago, while attending an industry function, a colleague and I were casually discussing jurisdiction over motor carriers — a topic that has significant practical implications for litigation strategy.
By Miles L. Kavaller By Miles L. Kavaller
Conventional wisdom might suggest that a broker cannot be held liable for the damages suffered in a personal injury case — but the Ninth Circuit’s decision in Miller v. C.H. Robinson challenges that assumption.
Reproduced with the Permission of Miles L. Kavaller
One of the most often asked questions by carriers is whether they may collect freight charges from the shipper when the consignee has refused to pay — an analysis of carrier rights under federal law.
Reproduced with the Permission of Miles L. Kavaller
Is a motor carrier required to show all charges and discounts to shippers? A practical analysis of carrier disclosure obligations and the implications for freight billing practices.
Reproduced with the Permission of Miles L. Kavaller
Insurance plays a significant role in transportation activities — but cargo insurance policies frequently contain exclusions and limitations that leave carriers and shippers exposed to uninsured legal costs.
Reproduced with the Permission of Miles L. Kavaller
Recently I represented a client which had arranged for the transportation of goods through a broker — raising the question of which party bears liability when cargo is lost or damaged.
Reproduced with the Permission of Miles L. Kavaller
The term “broker” is defined in the ICC Termination Act as “a person, other than a motor carrier” — an examination of shipper rights and risks when dealing with freight brokers.
Reproduced with the Permission of Miles L. Kavaller
The bill of lading is the document used by carriers and shippers to govern the transportation of goods — a practical guide to the rights and obligations it creates for all parties.
Reproduced with the Permission of Miles L. Kavaller
Under federal law, the Carmack Amendment governs cargo claims — but questions remain about whether shippers may recover attorney’s fees and punitive damages when a carrier unreasonably denies a valid claim.
Reproduced with the Permission of Miles L. Kavaller
With the abolition of the Interstate Commerce Commission, the transportation industry has increasingly turned to alternative dispute resolution as a faster, less costly alternative to traditional litigation
MILES L. KAVALLER HAS WRITTEN A NUMBER OF ARTICLES DEALING WITH WORKER/DRIVER MISCLASSIFICATION, FREIGHT COLLECTIONS AND OTHER SUBJECTS IN THE TRANSPORTATION LAW AREA.