Gallagher Sharp LLP

“This nation will remain the land of the free only so long as it is the home of the brave.” ― Elmer Davis Wishing everyone a safe and happy Fourth of July! 🎆

Often it goes unsaid, but predatory towing poses a significant challenge within the trucking industry, especially where a commercial motor vehicle is involved in an accident (the American Transportation Research Institute has found that 82.7% of motors carriers experienced excessive rates and billing). It’s good to see regulators and industry professionals actively addressing these issues to make the process more fair for all. #trucking #transportation #transporttopics

Daniel Bray and Joe Pappalardo are looking forward to joining our colleagues and clients later this week in beautiful Hartford, CT for Themis Advocates Group's annual Mock Trial event. #themis

A recent Ohio state court ruling has determined that the Federal Aviation Administration Authorization Act (FAAAA) preempts negligent selection claims against freight brokers. This decision aligns with growing precedent in #Ohio federal courts, potentially impacting how liability is assessed in freight brokerage cases. Read the latest from Partner Rob Boroff and Associate Devin Bembnister: https://lnkd.in/gZ-fcnm9 #FAAAA #FAAAApreemption #safetyexception #trucking

New website launch 🚀 After months of careful planning, our newly designed site features our recently expanded brand identity, while also preserving our firm's rich 112-year-old history. Check it out! https://lnkd.in/gKe4wQSq

The Western District of North Carolina recently held that a negligent hiring/selection claim against RXO Capacity Solutions, LLC (RXO) in a stolen shipment lawsuit was preempted by the FAAAA and not saved by the "safety exception." The court relied on recent decisions from the Seventh and Eleventh Circuit Courts of Appeal, highlighting the importance of freight brokers asserting the FAAAA preemption defense early and pursuing appeals to encourage the Supreme Court to address this issue. Read more from Partner Rob Boroff and Associate Devin Bembnister: https://lnkd.in/g8S6EyPk #FAAAA #safetyexception #FAAAApreemption #truckinglaw

The Southern District of Ohio recently ruled that a negligent hiring/selection claim against Total Quality Logistics, Inc. (TQL) was preempted by the Federal Aviation Administration Authorization Act (FAAAA) and not saved by the "safety exception." This decision aligns with the Seventh and Eleventh Circuit Courts of Appeal but contradicts the Ninth Circuit's ruling, highlighting the need for the Supreme Court to address this issue. Read the latest from Partner Rob Boroff and Associate Devin Bembnister: https://lnkd.in/gGpxsidK #FAAAA #freight #FAAAApreemption #safetyexception

The Ohio Board of Professional Conduct recently addressed whether the mandatory fee dispute arbitration and mediation process under Prof.Cond.R. 1.5(f) applies to fee disputes between departed lawyers and their former firms. Read more from Partner Shane Lawson: https://lnkd.in/g7q3gQwq #professionalliability #ohiolaw #feedisputes

Managing Partner Monica Sansalone and her co-presenter George Jonson addressed the Ohio Common Pleas Judges Association at their summer conference on judicial ethics this morning at the Hotel #Cleveland.

Today marks the 80th anniversary of D-Day, and this year’s event is especially poignant as it may be the last major commemoration involving living WWII #veterans. When the United States entered World War II, several founding members of our firm answered the call to duty: ▫ Mike Gallagher served as a B-17 Pilot who flew numerous dangerous missions throughout the war. ▫ Burt Fulton was a paratrooper in an Airborne Division who was once considered lost behind enemy lines, but who thankfully found his way back to his division and earned two Purple Heart medals for his injuries. ▫ H. Austin Hauxhurst was asked by the U.S. Attorney General to serve on the Alien Enemy Hearing Board for the Northern District of Ohio. He also served as a leading member of the prosecuting staff conducting the trials of high-ranking Japanese war criminals. ▫ A veteran of the Great War, Frank Cull also volunteered his service in the Second World War as a hearing officer on behalf of the U.S. Attorney General for the Northern District of Ohio in selective service cases involving conscientious objectors. ▫ And George Stuhldreher, who served in the U.S. Army. Today, we remember the courage and #sacrifice of all those who served bravely during the war to protect our country.