The transportation industry has long relied on federal preemption as a powerful defense against certain state-law claims targeting freight brokers. That landscape changed dramatically with the United States Supreme Court’s recent decision in Montgomery v. Caribe Transport II, LLC. In a unanimous ruling, the Court opened the door for plaintiffs to pursue negligent hiring and…
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Kentucky’s “up-the-ladder” immunity doctrine has long been a trap for the unwary subrogation professional. In Kentucky, the concept of who is an “employer” (as opposed to a “third-party tortfeasor” who can be sued in subrogation) extends well beyond the injured worker’s direct employer. Under K.R.S. § 342.610(2)(b), a contractor may be deemed a “statutory employer”—and…
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Insurers handling losses arising from the Amarillo “Stinky Fire” should act quickly to evaluate and preserve potential recovery claims. The fire, which reportedly originated at the City of Amarillo’s municipal landfill on May 17, 2026, may give rise to claims against governmental and private entities. However, claims against the City of Amarillo are likely subject…
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For decades, Michigan no-fault carriers operated under a rigid, confusing, and often frustrating limitation: recovery of Personal Injury Protection (PIP) benefits was largely confined to the narrow statutory framework of M.C.L.A. § 500.3116. That statute carefully circumscribes when a carrier may obtain reimbursement of a lien against its insured’s tort recovery, and Michigan courts historically…
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The U.S. Supreme Court’s unanimous decision in Montgomery v. Caribe Transport II, LLC has significantly altered the legal landscape for freight brokers, transportation intermediaries, insurers, and litigants nationwide. In a ruling that will likely reshape trucking litigation for years to come, the Court held that state-law negligent hiring claims against freight brokers are not preempted…
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The Hidden Legal Fault Line in Freight Brokerage In the trucking industry, freight brokerage often appears straightforward on the surface—connecting shippers with carriers to move freight from point A to point B. Yet beneath that operational simplicity lies a steadily expanding legal fault line, where a single carrier-selection decision can become the center of multi-million-dollar…
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Workers’ compensation subrogation was never intended to be a windfall for insurance carriers. It was, and remains, a carefully constructed legislative mechanism designed to serve broader economic and societal goals. At its core, subrogation ensures that the ultimate cost of an injury is borne by the party responsible for causing it, rather than by employers,…
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The Hawai‘i Supreme Court has now definitively closed the door left slightly ajar after its 2025 wildfire decision. In Burnes v. Hawaiian Electric Co., the court held that property insurers whose insureds are part of a class action settlement have no independent equitable subrogation rights against the settling defendants and no right to intervene in…
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There is far more to aggressively pursuing subrogation than persuasive advocacy alone. Behind every successful recovery stands a coordinated team whose expertise and innovation distinguish MWL as a national leader in subrogation law. Attorneys, paralegals, and support professionals work in concert to develop forward-thinking solutions that strengthen accuracy, improve turnaround times, and provide greater visibility…
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Texas workers’ compensation subrogation is governed by a comprehensive statutory framework that leaves little room for judicial discretion. A workers’ compensation carrier’s right to reimbursement is firmly established as a “first money” right, meaning that any recovery obtained from a third party must first be applied to reimburse the carrier for benefits paid before the…
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