TQL was dismissed from the Miller wrongful death case on Tuesday.
This is not the victory it looks like.
TQL withdrew its FAAAA preemption defense — the industry's shield for a decade — because Montgomery killed it. The dismissal was without prejudice. The plaintiff can refile with better-drafted allegations.
C.H. Robinson's CFO said it plainly: "The average small and medium-sized broker is going to have a very difficult time surviving in the post-Montgomery, post-Lipe world."
TQL won on a drafting error. The next filing will not make the same mistake.
Also this week: CargoNet's Labor Day analysis shows 71% of five-year holiday incidents occurred on Thursday, Friday, Tuesday, and Wednesday — not the weekend. Trusted account compromise is now named as a holiday attack vector alongside unattended trailers.
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