Legislative & Judicial Updates

Since the May 2026 Supreme Court decision in Montgomery v. Caribe Transport II, LLC, four federal district courts have taken up the question of whether its safety exception applies to cargo theft claims, and they have all decided no.

Taken together, these decisions reflect a shared rationale that cargo theft amounts to “deception-induced deprivation

After the May 2026 Supreme Court ruling in Montgomery v. Caribe Transport II, LLC, one critical question remained unanswered: whether the safety exception extends to cargo theft and property loss claims. Three recent federal district court decisions have determined that it does not. These rulings provide much needed clarity on how to distinguish property

On July 16, 2026, the U.S. Senate confirmed five nominees to serve as Commissioners of the U.S. International Trade Commission (USITC or Commission) by voice vote, restoring the agency to its full six-member panel for the first time in years. The Senate Finance Committee had approved all five nominations with large bipartisan support the day prior.

The U.S. Attorney’s Office for the District of Maryland announced on June 18, 2026 that the chief engineer aboard the M/V Dali at the time of the March 2024 Francis Scott Key Bridge allision has entered into a Deferred Prosecution Agreement (DPA) with the United States in connection with the ongoing criminal investigation arising from

On June 11, 2026, the U.S. Court of Appeals for the Federal Circuit (CAFC) granted the federal government’s motion for a stay pending appeal, pausing enforcement of a U.S. Court of International Trade (CIT) injunction on the collection of Section 122 duties against the State of Washington and two private businesses – Burlap and Barrel, Inc. and Basic Fun, Inc.

On May 27, 2026, the U.S. District Court for the Central District of California granted summary judgment in favor of Husch Blackwell client, Continuum Transportation Services Ltd. (Continuum).

On May 29, 2026, the U.S. Department of Justice (“DOJ”) indicated that it will appeal the U.S. Court of International Trade’s (“CIT”) universal injunction ordering U.S. Customs and Border Protection (“CBP”) to reliquidate final entries (entries more than 90 days past liquidation) and refund duties paid under the International Economic Emergency Powers Act (“IEEPA”) by

The Supreme Court’s unanimous May 28, 2026, decision in Flowers Foods, Inc. v. Brock significantly broadens the Federal Arbitration Act’s Section 1 transportation-worker exemption by holding that workers performing exclusively intrastate deliveries as part of a larger interstate supply chain qualify as “engaged in interstate commerce” and are therefore exempt from compelled arbitration—even when they

The Federal Maritime Commission’s May 13, 2026, Notice of Proposed Rulemaking would significantly revise and modernize its rulemaking procedures by simplifying existing requirements, aligning with current eRulemaking practices, and expanding opportunities for public participation—particularly by making it easier for stakeholders to petition for new or revised regulations.

The proposal signals a shift toward earlier and