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Nathaniel Saylor

Nathaniel Saylor

Transportation attorney and Partner at Scopelitis, Garvin, Light, Hanson & Feary, P.C., Indianapolis; leads the firm's Brokerage & Non-Asset Logistics practice.

Jul 7, 2026

12:58
So how many cases have there been where brokers lost, were
13:02
held liable? You know, that...
13:05
That's a great question.
13:06
And I don't have a great answer for it.
13:08
That's kind of my definition of a great question with my big head.
13:11
That's if I can't answer it now, but kidding aside, the, the, the reason, and this gets to the crux of the issue with these cases, man, is that we don't have the vast, vast majority of these cases settle and they settle because you know for any number of reasons but as i said the the question of whether i exercise reasonable care is a question that goes to the jury something bad happened right the jury is you know presumably they're humans they won't they don't it feels good to you know to fix it air quotes which you know throwing money at a decedent isn't isn't a fix it doesn't fix the loss right um but you know that's the i think the normal inclination of a jury And then, as I said, something, you know, we selected the carrier and then something happened.
14:06
So, you know, there's this, you know, kind of you can feel like maybe something wasn't done correctly.

22 MINS LATER

36:04
Can shippers be held liable?
16:28
As far as how to think about
16:31
carrier selection, like you said, there's a dearth of case law.
16:35
There's a vacuum as far as what we can point to to say, well, yes, in this instance, This is clearly reasonable care because all the plaintiff has to do is to create questions.
16:47
And so you can do, to demonstrate the point, I'll just do a very brief thought experiment.
16:53
But take one hand, a broker that just says, you know what, we're not going to consider the FMCSA's basic scores in making our carrier vetting decisions.
17:04
They were ordered to be removed from the public view by Congress.
17:08
They're not indicative of crash risk.

23 MINS LATER

39:45
And I think,

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