H.R. 5268: Forum Accountability and Integrity in Roadway Trucking Act

The bill known as the FAIR Trucking Act aims to amend existing federal law concerning jurisdiction in cases involving highway accidents with commercial motor vehicles. Here are the key components of the bill:

Short Title

The bill may be referred to as the "Forum Accountability and Integrity in Roadway Trucking Act" or simply the "FAIR Trucking Act."

Federal Jurisdiction for Highway Accident Actions

The bill proposes changes to Title 28 of the United States Code, specifically:

• The creation of new federal jurisdiction for civil actions that involve accidents with commercial motor vehicles that operate in interstate commerce.

Eligibility for Federal Jurisdiction

To be eligible for federal jurisdiction under this bill, a civil action must meet several criteria:

• Type of Action: The case must allege bodily harm or loss of life involving commercial motor vehicles on public roads.
• Monetary Threshold: The matter in controversy must exceed $5,000,000, not including interest and costs.
• Diversity of Citizenship: At least one of the following must apply:
  • Any plaintiff is a citizen of a different state than any defendant.
  • Any plaintiff is a foreign state or a citizen/subject of a foreign state, and any defendant is a citizen of a state.
  • Any plaintiff is a citizen of a state, and any defendant is a foreign state or a citizen/subject of a foreign state.

Determining Citizenship

The bill specifies how citizenship will be determined for the purposes of filing complaints under federal jurisdiction:

• Citizenship will be assessed at the time the complaint is filed or if an amended pleading indicates the existence of federal jurisdiction.
• For unincorporated associations, citizenship is determined by where they have their principal place of business and the state in which they are organized.

Impact on Legal Actions

If passed, this bill would allow for federal district courts to have original jurisdiction over significant highway accident cases involving interstate trucking companies, potentially streamlining the process for plaintiffs seeking to file lawsuits against these entities in a federal court setting.

Summary of Changes

The main changes introduced by the FAIR Trucking Act include:

• Establishment of federal jurisdiction for civil lawsuits related to highway accidents involving commercial motor vehicles.
• Setting a monetary threshold to qualify for federal court, ensuring only high-stakes cases are handled at the federal level.
• Providing clarity on how to determine the citizenship of parties involved in a lawsuit, which is crucial for establishing jurisdiction.

Relevant Companies

• UPS (United Parcel Service, Inc.) - As a major logistics and delivery service company, they may face lawsuits under this bill if involved in accidents exceeding the established monetary threshold.
• FDX (FedEx Corporation) - Similar to UPS, FedEx could be affected by more federal lawsuits arising from trucking accidents involving their vehicles.
• CHRW (C.H. Robinson Worldwide, Inc.) - As a logistics company, they may be involved in accidents that trigger this new jurisdictional pathway.
• SCHN (Schnitzer Steel Industries, Inc.) - Depending on their operations related to transportation, they could also face litigation under this act.