Armchair Attorney® Podcast

Matthew Leffler

The Armchair Attorney® Podcast is program hosted by the Armchair Attorney® himself, Matthew M. Leffler. Matthew is a real-life attorney with a curious mind and a passion for how things work. From law to supply chain and everything in-between, he bridges the gap between education and entertainment. 

  1. 1D AGO

    ACT Research 74th Commercial Seminar: Law & Insurance

    Who would have guessed that a panel about law & insurance would electrify the attendees at ACT Research Co.? I, for one, expected it. For 40 years, ‪ACT Research Co. has brought the trucking industry together to anticipate change and chart its future. What's more, ACT Research Co. recently hosted its 74th Market Vitals: The Current & Future Health of the Industry Seminar in Columbus, IN. The event marked a special milestone of 40 years delivering commercial vehicle and freight market intelligence to the industry. On the third panel of the day, ol' Armchair Attorney® brought some sizzle. It's easy to do that when you share the stage with the likes of Thom Albrecht, Chief Revenue Officer at Reliance Partners; Anthony Johnson, President at Marvin Johnson & Associates, and the imperturbable Timothy Denoyer as our esteemed moderator. We covered insurance and litigation pressures in the freight market. But so much more! We discussed the latest issues regarding non-domiciled CDLs, nuclear verdicts, IEEPA, and motor carrier insurance. This program is brought to you by DAT Freight & Analytics. Since 1978, DAT has helped truckers & brokers discover more available loads. Whether you're heading home or looking for your next adventure, DAT is building the most trusted marketplace in freight. New users of DAT can save 10% off for the first 12 months by following the link below. Built on the latest technology, DAT One gives you control over every aspect of moving freight, so that you can run your business with speed & efficiency. This program is also brought to you by our newest sponsor, GenLogs. GenLogs is setting a new standard of care for freight intelligence. Book your demo for GenLogs today at www.genlogs.io today!

    1h 5m
  2. 6D AGO

    Montgomery v. Caribe Transport II Reaction

    The case asks whether the Federal Aviation Administration Authorization Act of 1994 (FAAAA) preempts state negligence claims against freight brokers for carelessly selecting unsafe motor carriers or drivers. The crash happened December 7, 2017, on Interstate 70 in Illinois. Missouri truck driver Shawn Montgomery had pulled his 2015 Mack truck onto the shoulder for mechanical repairs. While standing outside, he was struck from behind by a speeding 1995 Freightliner tractor-trailer driven by Yosniel Varela-Mojena. Montgomery lost his leg and suffered permanent disfigurement. Varela-Mojena worked for Indiana-based Caribe Transport II, which owned the tractor. The trailer was leased from a related Florida company. Freight broker C.H. Robinson arranged the shipment of plastic pots from Ohio to Arkansas and Texas under a contract with Caribe II. Montgomery sued under state law, claiming negligence against the driver, the carriers, and Robinson for negligent hiring. Robinson argued the FAAAA’s Section 14501(c)(1) preempts the claims because they relate to a broker’s “price, route, or service” in transporting property.  The district court said the claims related to broker services but fit the safety exception in Section 14501(c)(2)(A), which preserves state “safety regulatory authority… with respect to motor vehicles.” The 7th Circuit held that negligent-hiring claims against brokers are preempted. Montgomery argues to the Supreme Court that his claims are not preempted. He says the FAAAA targets economic regulations, not safety-based torts. The safety exception protects states’ traditional authority over motor vehicles, and requiring brokers to use reasonable care when hiring carriers falls within that power. He warns broad preemption could leave victims without remedies and encourage brokers to choose risky carriers for profit. Robinson and the other respondents reply that state tort claims like negligent hiring are expressly preempted by the statute’s plain text. The safety exception applies only to rules with a “direct connection” to motor vehicles. Brokers do not own or operate vehicles, so states lack authority to impose personal injury liability on them. Policy concerns cannot override the law’s wording. The U.S. government filed a brief supporting the respondents, arguing the text requires a direct link to vehicles, and a broker’s duty to select carriers carefully does not qualify. The government reversed its prior position after new review and court developments. The outcome is hard to predict, especially with the government’s shift. Oral argument will likely feature questions about what counts as a “direct connection” to motor vehicles. This program is brought to you by DAT Freight & Analytics. Since 1978, DAT has helped truckers & brokers discover more available loads. Whether you're heading home or looking for your next adventure, DAT is building the most trusted marketplace in freight. New users of DAT can save 10% off for the first 12 months by following the link below. Built on the latest technology, DAT One gives you control over every aspect of moving freight, so that you can run your business with speed & efficiency. This program is also brought to you by our newest sponsor, GenLogs. GenLogs is setting a new standard of care for freight intelligence. Book your demo for GenLogs today at www.genlogs.io today!

    44 min
  3. FEB 20

    IEEPA or Bust

    IEEPA tariffs are found Unconstitutional, Learning Resources, Inc. v. Trump (2026). Today, Feb 20, 2026, the U.S. Supreme Court ruled in two combined cases that the International Emergency Economic Powers Act (IEEPA) does not give the President the power to impose tariffs on imports. This decision stopped tariffs set by President Trump to fight drug trafficking and trade deficits. Soon after becoming president, Trump declared national emergencies under IEEPA. He cited two big threats: Drug influx & Trade deficits. Businesses and states sued, saying IEEPA doesn't allow tariffs. One case started in a D.C. district court, which blocked the tariffs temporarily. The other went to the Court of International Trade (CIT) and was upheld by the Federal Circuit appeals court. They said IEEPA's words about "regulating importation" don't cover unlimited tariffs.  The Constitution gives Congress, not the President, the power to set taxes and duties, including tariffs (Article I, Section 8). The Framers wanted Congress to control "the pockets of the people." Presidents have no natural right to impose tariffs in peacetime. The government argued IEEPA lets the President "regulate... importation," which they said includes tariffs of any size, length, or scope. But the Court disagreed, using these key points: Major Questions Doctrine: The Court is wary of laws that vaguely give away huge powers. Tariffs affect the economy massively, trillions in trade and billions in revenue. Congress wouldn't hide such a big handover in unclear words. In 50 years of IEEPA, no president had used it for tariffs. Past laws delegating tariff power were always clear and limited. This claim was too extreme, especially for the "power of the purse." Word Meanings in IEEPA: The law lists powers like "investigate, block, regulate, direct, nullify" imports or exports. It doesn't mention tariffs or duties. "Regulate" usually means to control or restrict, not to tax. Taxes are separate, Congress always says so explicitly when giving tax powers. If "regulate" included taxes, it might violate the Constitution's ban on export taxes. The other words in the list are about sanctions or controls, not raising money. No Exceptions: Even in emergencies or foreign affairs, Congress must clearly say if it's giving away tariff power. Tariffs aren't just regulation; they're taxes with big economic and political effects. The Court vacated (canceled) the D.C. case for jurisdictional reasons and affirmed (upheld) the Federal Circuit's ruling. IEEPA can't be used for tariffs. This protects Congress's role in trade policy. The opinion was written by Chief Justice Roberts, with parts joined by Justices Gorsuch and Barrett. It stresses separation of powers and careful reading of laws. This program is brought to you by DAT Freight & Analytics. Since 1978, DAT has helped truckers & brokers discover more available loads. Whether you're heading home or looking for your next adventure, DAT is building the most trusted marketplace in freight. New users of DAT can save 10% off for the first 12 months by following the link below. Built on the latest technology, DAT One gives you control over every aspect of moving freight, so that you can run your business with speed & efficiency. This program is also brought to you by our newest sponsor, GenLogs. GenLogs is setting a new standard of care for freight intelligence. Book your demo for GenLogs today at www.genlogs.io today!

    30 min
5
out of 5
5 Ratings

About

The Armchair Attorney® Podcast is program hosted by the Armchair Attorney® himself, Matthew M. Leffler. Matthew is a real-life attorney with a curious mind and a passion for how things work. From law to supply chain and everything in-between, he bridges the gap between education and entertainment. 

You Might Also Like