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Check Call
News and analysis for 3PLs and Brokers
| ● WEEKLY CHECK-IN |
Tuesday, September 8, 2026 |
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Now Live · FreightWaves Originals
FreightWaves Today
Craig Fuller and Julie Van De Kamp are running a daily live show now — real-time market reads and interviews with the executives shaping freight and logistics, weekdays at noon ET on FreightWaves’ socials and tv.freightwaves.com/today.
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M&A
FitzMark, the Indianapolis-based broker backed by Calera Capital, has closed its 11th acquisition since founding in 2006, picking up United Transportation Services (UTS), a Colorado 3PL specializing in trade-show logistics. UTS, founded in 1998 and based in Aurora, handles dry van, refrigerated, flatbed and specialty transportation along with packaging, warehousing and white-glove delivery, mostly for retail and hospitality clients. Terms weren’t disclosed. FitzMark runs a proprietary TMS serving more than 3,000 shippers and 25,000 carriers. UTS CEO and president Bruce Parsons framed the deal as expanding capacity and service for the shipper community with FitzMark’s national platform behind it; FitzMark founder and CEO Scott Fitzgerald pointed to shared core values between the two companies.
| STATUS — Another niche vertical — trade-show logistics — just got folded into a bigger platform. If you specialize in an event or hospitality niche, expect national brokers to keep shopping for that expertise rather than building it in-house. |
Todd Maiden | September 2, 2026 | Read More →
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Global Trade & Fulfillment
Flexport launched its first fulfillment operations outside the U.S., opening centers in Mississauga, Ontario (near Toronto Pearson) and Manchester, England. The Canadian site carries Health Canada certifications for medical products, supplements and consumer goods; inbound receiving started in July, with first customer shipments moving in September. The Manchester facilities use AutoStore robotic storage, fitting the same inventory into roughly a quarter of the footprint of a conventional warehouse. CEO Ryan Petersen said customer demand in Canada and the UK existed well before Flexport had a way to serve it; the new footprint lets customers store inventory domestically and fulfill orders in-country through a single platform, with continental Europe fulfillment planned for 2027. Flexport serves more than 13,000 companies. The expansion also plays defense against rising tariffs, tighter customs enforcement, and increased U.S. Customs and Border Protection scrutiny of importer-of-record registrations and broker due-diligence requirements.
| STATUS — Cross-border fulfillment is turning into a tariff and customs hedge, not just a service upgrade. If you’re routing freight into Canada or the UK, expect more shippers to start asking about in-country fulfillment instead of shipping direct from the U.S. |
Noi Mahoney | September 2, 2026 | Read More →
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Broker Liability
The American Trucking Associations and the Truckload Carriers Association jointly filed an amicus brief asking the full Fifth Circuit to rehear en banc its August 4 panel decision in Crane v. Liberty Lane, a case stemming from a fatal 2018 crash in Bee County, Texas. In the supply chain at issue: Adient hired Penske Logistics, which used broker affiliate Penske Transportation Management, which hired carrier Liberty Lane — which then double-brokered the load to OK Trans without Penske’s knowledge. An OK Trans driver, Satnam Singh Lehal, was involved in the fatal collision. The panel had reversed lower-court rulings that favored Penske Logistics and PTM, holding that Penske’s assumption of control over the vehicle made it the driver’s statutory employer regardless of the parties’ paperwork. ATA and TCA argue the ruling effectively imposes statutory-employer liability on upstream carriers and brokers for the acts of downstream authorized carriers, conflicting with federal leasing regulations, and warn it could chill carrier-to-carrier cooperation, tighten capacity and raise costs industry-wide.
| STATUS — Trade groups rarely move this fast on an amicus brief — that alone signals how rattled broker and carrier legal teams are by the Penske ruling, well beyond this one case. If you rely on multi-layer subcontracting or double-brokering, this is worth watching closely no matter how the en banc request goes. |
John Kingston | August 31, 2026 | Read More →
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Broker Liability
A TD Cowen research note built around an interview with an unnamed insurance executive lays out a grim outlook for broker liability insurance pricing following May’s Montgomery v. Caribe Transport II Supreme Court decision and July’s roughly $600 million verdict in Lipa v. C.H. Robinson. One “top 10” broker reportedly saw its liability premium triple at renewal; large brokers broadly are facing mid-teens to mid-20s percentage rate increases. One major broker’s excess coverage layer — the tier sitting above its primary $15 million layer — jumped from roughly $3 million to $10 million in cost. Only about 10 underwriters currently write broker auto-liability coverage, a number expected to fall to around 8 as more insurers exit the space. The executive described conditions going “ballistic” after Montgomery, then “haywire” again after the Lipa verdict. The report predicts consolidation pressure across the roughly 22,000-broker market, with smaller brokers facing the least sustainable insurance costs — though C.H. Robinson CEO David Bozeman and an RXO executive pushed back, arguing larger brokers can pass costs through to shippers and protect their margins.
| STATUS — Insurance, not litigation outcomes alone, may end up doing the real consolidating in this market. If you’re a smaller broker, get ahead of your renewal conversation now — waiting for the underwriting pool to shrink further won’t help your quote. |
John Kingston | August 26, 2026 | Read More →
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Broker Liability
Two more federal broker-liability cases are gaining attention in the wake of Montgomery v. Caribe Transport II, which removed F4A preemption protection for brokers in safety-related negligence claims. In Arizona, families of victims from an October 2023 crash sued J.B. Hunt, carrier Borderlands, and driver Shokhijakhon Bekmuradov, alleging J.B. Hunt was negligent in hiring, supervising, retaining and entrusting freight to Borderlands despite a pattern of safety-assessment alerts, crashes and inspection violations; J.B. Hunt sought summary judgment arguing it acted only as a broker under its Outsource Carrier Agreement, while plaintiffs counter that J.B. Hunt held itself out as the carrier to shipper Lincare and ignored Borderlands’ safety history — a ruling is still pending. In Nevada, a July 2022 crash involving a hay-hauling load killed a pickup-truck passenger; broker AONE Brokerage had booked the load through Lucky Transport, which then illegally sub-brokered it to GRK Transport and driver Bhupinder Singh. Judge Anne Traum denied summary judgment for both sides on August 11, finding evidence AONE breached its duty of care by continuing to work with Lucky despite knowing it illegally sub-brokered freight, and noting that illegal double-brokering “can put more high-risk drivers on the road.”
| STATUS — The safety-history and double-brokering fact patterns in both of these cases are becoming the template plaintiffs’ attorneys look for post-Montgomery. If you can’t show you vetted a carrier’s safety record — or that you knew about downstream sub-brokering — expect that gap to be exhibit A. |
John Kingston | August 21, 2026 | Read More →
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Upcoming Events
F3: Future of Freight Festival
October 27–28, 2026 • The Signal, Chattanooga
FreightWaves’ flagship event blends rapid-fire tech demos and world-class speakers with the most legendary networking in logistics. Join 1,000+ freight and logistics experts, industry leaders, entrepreneurs and innovators for a definitive look at the year ahead. Come for the insights, stay for the celebration and leave with the connections that will define your 2027.
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