Latest news with #Gauthier
Yahoo
5 days ago
- Business
- Yahoo
Another broker liability case knocks at Supreme Court door, this one involving C.H. Robinson
Even as the trucking legal community looks for the possibility of the Supreme Court being asked to review a court decision that put Total Quality Logistics on the losing side of the issue of broker liability, there is another federal case on the same subject that already is on the nine justices' formal requests for high court certiorari. Legal filings heated up this week in the case of Shawn Montgomery vs. Caribe Transport II, a carrier. 3PL giant C.H. Robinson (NASDAQ: CHRW), which hired Caribe Transport, also is a defendant. Montgomery was injured in December 2017 in an Illinois collision with a Caribe Transport truck. C.H. Robinson prevailed (separately from Caribe Transport) on two separate requests for summary judgement in late 2023 and early 2024, respectively, from the U.S. District Court for the Southern District of Illinois. The U.S. Court of Appeals for the Seventh Circuit affirmed the lower court in early January. That led Montgomery to seek Supreme Court certiorari in a filing made last month. C.H. Robinson is backing Montgomery's request for a Supreme Court review, even though it was victorious against that plaintiff in the lower courts. C.H. Robinson's support of the certiorari request has similarities to that of TQL in the request for Supreme Court review by Katia Gauthier. She was the widow of a man killed in a collision with a truck hired by TQL. TQL was victorious in Gauthier in a lower court and on appeal on the issue of whether the Federal Aviation Administration Authorization Act (F4A) would preempt a state tort action against the broker. Despite the win, TQL wanted the Supreme Court to weigh in on the broader issues of F4A interpretation, given that circuit courts' decisions on the provision of F4A known as the safety exemption were not consistent. Gauthier's request for certiorari was denied. The lower court's decision in Montgomery looked to guidance from the case of Ying Ye vs. GlobalTranz, also in the Seventh Circuit, where GlobalTranz successfully argued that F4A, signed into law in 1994, protected it from liability. Ye's husband had been killed by a truck hired by GlobalTranz. C.H. Robinson, with successful court decisions in hand, could have just taken a victory lap after the Montgomery case. But it is backing its litigation foe Montgomery by supporting his request for Supreme Court certiorari. Its amicus brief was filed this week supporting Montgomery's request. 'Now is the time for this Court to provide certainty to the industry by resolving the conflict between the circuits,' C.H. Robinson said in its filing. (The National Association of Manufacturers also filed an amicus brief in support of Montgomery's request for certiorari). If the Supreme Court decides to review F4A, the judges would not be asked to rule on the heart of the law: the requirement that states take no action that would impact a transportation 'price, route or service,' also known as the preemption clause. There are no conflicting circuit decisions on that part of the law. What it would be asked to tackle: the safety exemption. The safety exemption says the 'price, route or service' part of the law 'shall not restrict the safety regulatory authority of a State with respect to motor vehicles, the authority of a State to impose highway route controls or limitations based on the size or weight of the motor vehicle, or the authority of a State to regulate carriers with regard to minimum amounts of financial responsibility relating to insurance requirements and self-insurance authorization.' In other words, if bad safety-related stuff happens to a truck booked by a broker, it is possible the broker will found to have some degree of liability. But it isn't certain. On one side of the conflicting circuit decisions are precedents in the Seventh and Eleventh circuits that found a broker's liability in a disastrous outcome involving a truck it hired–Ye in the Seventh, and a case involving a stolen truck brokered by Landstar (NASDAQ: LSTR) in the Eleventh–was not undercut by the safety exemption. The plaintiff therefore could not recover damages. Add to that the decision in the Montgomery/C.H. Robinson case and the victory count for 3PLs due to the safety exemption is three. The Supreme Court already rejected certiorari in the Ying Ye case last year. The conflicts between the circuits have now become more stark following Cox vs. TQL joining Miller vs. Robinson as cases where the safety exception didn't protect a 3PL, and Montgomery vs. Caribe adding to the list of cases where it did. In Cox vs. TQL, handed down Tuesday by the U.S. Court of Appeals for the Sixth Circuit, the second-biggest U.S. 3PL ended up on the losing side in a lawsuit brought by Robert Cox, whose wife Greta was killed in a crash with a truck hired by TQL. The second case where the safety exception didn't protect a 3PL is the Miller vs. C.H. Robinson case from 2019 in the Ninth Circuit, with the Supreme Court having already denied a C.H. Robinson certiorari request in 2022. Allen Miller was left a quadriplegic after being involved in a 2016 crash near Elko, Nevada with a truck from RT Service, which C.H. Robinson had hired to move a load from Sacramento to Salt Lake City for Costco. The C.H. Robinson amicus brief in the Montgomery case does not mention the Sixth Circuit or the Cox vs. TQL case. The amicus brief and the Cox decision were published within a day of each other. TQL has not commented on its plans after the Sixth Circuit appellate court in Cox found that TQL's action in hiring a potentially dangerous carrier was the type of behavior that F4A's safety exception targets: a transportation provider creating an unsafe situation and then being able to be sued without protection from federal law. But given that TQL sought Supreme Court certiorari in the Gauthier case even though it had won, it is not unreasonable to assume it would now, as the losing party, ask the high court to review the conflicting circuit court cases on just how much F4A protects brokers under the safety exception. The court, if it chooses to review the issue, could take the Montgomery certiorari request, or a presumed TQL request, or both. To add to the confusion, a recent decision in an Illinois state court involving Echo Global Logistics came down on the side of the plaintiff and against the broker. In the case of Kaipust vs. Echo Global, Judge Scott McKenna of the Appellate Court of Illinois for the First District rejected Echo's claim that the safety exception of F4A protected it against the actions of a carrier it hired. In the Echo case, the 3PL had hired Critical Supply Solutions to move a load. In September 2021, a company truck was involved in a Nebraska collision that killed Mark Kaipust and his child Taylor. Mark Kaipust's widow Jamie filed suit. 'We reject Echo's argument that interpreting the safety exception to protect state negligence claims against brokers would lead to the safety exception 'swallowing' the preemption clause itself,' McKenna wrote. The preemption clause is the foundation of F4A, restricting state action against that triumvirate of prices, routes and service. 'The preemption clause's application to attempted economic regulation of broker conduct unrelated to safety is left untouched by this ruling. Only when a plaintiff can establish that the broker's conduct implicated the state's safety regulatory authority will a claim survive preemption per the present ruling.' In its amicus brief, C.H. Robinson cited the Echo case as another reason why the Supreme Court should take up Montgomery's request for certiorari, even though it is a state action and not in the federal court system. 'The resulting uncertainty over which motor carriers can be hired—by brokers or for that matter any other entity, such as the owner of freight that contracts directly with motor carriers—has a direct, adverse effect on interstate commerce that needs to be resolved by this Court,' the 3PL wrote. In the case of Montgomery vs. Caribe and C.H. Robinson, the plaintiff sought to bring up the issue of vicarious liability, where C.H. Robinson's actions in its relationship with Caribe established a level of 'control' could be seen as establishing an agency relationship. That could have allowed greater liability for C.H. Robinson. But both the lower court and the Court of Appeals rejected that argument. Much of the appeals court decision in Montgomery reviews that question. And that is mostly because the three-judge unanimous panel quickly rejects Montgomery's argument that the precedents set in Ye about 'agency' should be overturned, as it was the Ye decision that was the basis for much of the court's ruling in Montgomery. Quoting an earlier case, the court said 'we do not take lightly suggestions to overrule circuit precedent.' Echo Global Logistics is involved in another case involving broker liability where it prevailed in federal district court for South Carolina in a case brought by Angela Fuelling, widow of James Fuelling who was killed in a 2022 crash on interstate 85. A carrier hired by Echo Global slammed into Fuelling's vehicle. Echo Global's request for summary judgment to be removed from that case, citing F4A, succeeded last year. Angela Fuelling appealed to the U.S. Court of Appeals for the Fourth Circuit earlier this year, where the case resides. It is considered significant enough that the Transportation Intermediaries Association, the brokerage industry's main trade group, has filed an amicus brief in the case. More articles by John Kingston XPO rating cut by S&P, agency cites continuing weak freight market First legal steps taken, this time by WSTA, to untangle the legal knot of the Clean Truck Partnership Two positive votes on logistics at Moody's: GXO and C.H. Robinson The post Another broker liability case knocks at Supreme Court door, this one involving C.H. Robinson appeared first on FreightWaves.
Cision Canada
03-07-2025
- Health
- Cision Canada
Innovative Molecules Offer Good News in the Fight Against HIV and Other Viral Infections Français
INRS team is exploring the potential of saponins, a group of natural molecules found in many plants LAVAL, QC, July 3, 2025 /CNW/ - Innovative, nontoxic molecules developed by a research team at the Institut national de la recherche scientifique (INRS) could pave the way for new safe and effective antiviral therapies for prevention and treatment purposes. Are there natural compounds with antiviral properties, particularly against the human immunodeficiency virus (HIV) that causes AIDS? Betulinic acid has long been recognized in medical and scientific communities for its antiviral potential. This molecule, found in various plants, is especially abundant in the bark of white birch trees—a common byproduct of the forestry industry. However, the use of betulinic acid and some of its derivatives in medicine has been limited by a major drawback: the molecules are poorly soluble in water. This limits their absorption by the body and complicates their use in medicine. A discovery by INRS Professor Charles Gauthier 's team, part of the INRS-UQAC Joint Research Unit in Sustainable Health, could significantly unlock the potential of this molecule. Their findings * were recently published in Chemistry – A European Journal. Creating a Promising and Novel Molecule In their research, Professor Gauthier's team studied two natural molecules: betulinic acid and echinocystic acid. Both belong to a family of compounds known as triterpenes and share a similar chemical structure. The researchers chemically modified these molecules using a novel, controlled method by attaching a specific sugar called Lewis X. This sugar is structurally similar to those that define human blood groups. The modification resulted in new chimeric compounds known as "saponins." These saponins had never been described in scientific literature before. They offer several advantages for potential antiviral use: they are significantly more water-soluble than triterpenes, they dissolve well in biological environments, and unlike similar substances that can be toxic, they are safe for human cells and mice. Most importantly, they effectively block HIV activity. The team observed that saponins prevent the virus from using certain carbohydrate-specific proteins, known as Lewis-binding proteins, found on immune cells called DC-SIGN and L-SIGN, to spread to CD4+ cells, the main targets of HIV. "Our results show that these are among the most potent monovalent inhibitors ever identified for blocking this HIV transfer mechanism, even when used at very low concentrations," explains INRS Professor Gauthier, who specializes in chemistry of carbohydrates and natural products. He is also a member of the Pasteur Network. HIV, Ebola disease, dengue fever, coronaviruses: the potential is vast These chimeric molecules capable of blocking viral entry into immune cells—a critical step in infection—are a first of their kind. Saponins could serve as a foundation for developing broad-spectrum antiviral agents that block infection at the earliest stage, such as during sexual transmission of HIV. "While it's known that human breast milk contains oligosaccharides that protect infants from HIV infection during early breastfeeding, we are the first to demonstrate that saponins can inhibit HIV entry via DC-SIGN and L-SIGN receptors," says doctoral student in biology at INRS and lead author Oscar Javier Gamboa Marin. "Despite progress in this field, very few studies have focused on inhibiting DC-SIGN and L-SIGN using Lewis-type carbohydrates," he adds. Another promising feature of saponins is their ability to spontaneously form structures called micelles or to integrate into liposomes. This could further enhance their antiviral effectiveness, particularly through improved targeting of virus-infected cells, and holds out promising research potential. Moreover, since DC-SIGN and L-SIGN proteins are also exploited by other dangerous viruses such as Ebola, dengue, and SARS-CoV-2, saponins open new avenues for developing broad-spectrum antiviral agents against these diseases. About the studies* The article entitled Lewis-X-Containing Triterpenoid Saponins Inhibit DC-SIGN- and L-SIGN-Mediated Transfer of HIV-1 Infection was co-authored by Oscar Javier Gamboa Marin, Kurtis Ng, Nitish Verma, Assi Gérard Flavien Yapi, Ralph Pantophlet, and Charles Gauthier. The article entitled Immunological and Toxicological Assessment of Triterpenoid Saponins Bearing Lewis-X- and QS-21-Based Trisaccharides was co-authored by Oscar Javier Gamboa Marin, Yasmine Adda-Bouchard, Balla Sylla, Nitish Verma, Tania Charpentier, Maya Huber, Guillaume Lopez, André Pichette, Alain Lamarre, and Charles Gauthier. This work was made possible thanks to the support of the Natural Sciences and Engineering Research Council of Canada, the Fonds de recherche du Québec, the Armand-Frappier Foundation, and the Swine and Poultry Infectious Diseases Research Center. INRS is an academic institution dedicated exclusively to graduate research and training in strategic sectors in Quebec. Since 1969, as per its mission, it has actively contributed to Quebec's economic, social, and cultural development. INRS ranks first in Quebec in research intensity. It is made up of five interdisciplinary research and training centres located in Quebec City, Montreal, Laval, and Varennes, and Charlevoix, which focus their efforts on strategic sectors: water, earth, and environment (Eau Terre Environnement Research Centre); energy, materials, and telecommunications (Énergie Matériaux Télécommunications Research Centre); urbanization, culture, and society (Urbanisation Culture Société Research Centre); and health and biotechnology (Armand-Frappier Santé Biotechnologie Research Centre), and Ruralités Durables Research Centre (a center currently under development). Its community includes nearly 1,500 members, including students, postdoctoral fellows, faculty members, and staff.
Cision Canada
18-06-2025
- Business
- Cision Canada
Nearly three in five small businesses worry the U.S.-Canada trade war could impact their summer tourism season Français
TORONTO, June 18, 2025 /CNW/ - The summer tourism season is here, and 58% of small business owners are concerned the U.S.-Canada trade dispute will be disruptive, says the Canadian Federation of Independent Business (CFIB). "For many businesses, summer is a make-or-break season. Tourism operators in particular count on summer revenues to get ahead of their debt and high costs," said Louis-Philippe Gauthier, CFIB's vice-president for the Atlantic region. This year, almost 40% of businesses expect summer tourism revenue to remain the same as last year, while about equal shares expect either higher or lower revenues. New data from CFIB found that 37% of those surveyed noticed changes in tourists' behaviour. Among those, 58% of businesses are seeing growing interest from Canadian travelers, and 37% noticed visitors choosing more affordable options for goods or services. Cross-border travel takes a hit amid trade tensions A public opinion poll conducted by CFIB with members of the Angus Reid Forum found that 10% of Canadians have canceled their business travel to the U.S and 22% cancelled their personal travel. Among those who have finalized their travel plans or have yet to do so, 56% plan to travel within their province, 51% elsewhere in Canada, and 21% elsewhere in the world other than the U.S. Only 11% are travelling or looking to travel to the U.S. this summer. "With more Canadians looking to stay within the country this summer, now is a great opportunity to explore our local businesses and communities and keep the loonies local. Every time Canadians choose to shop at a local small business, 66 cents of every dollar stays in the local economy," Gauthier added. To help the tourism industry, CFIB urges all three levels of government to reduce permit and licensing requirements while actively promoting buying local and travelling within and to Canada. "The tourism sector is one of the largest employers in Canada, and most tourism operators are small businesses," said Kalith Nanayakkara, CFIB's senior policy analyst for B.C. "Governments and Canadians have a significant role in strengthening our economy and supporting independent local businesses. We encourage people from coast to coast to get out and explore their communities, their provinces and their country this summer to create new memories and help give small businesses a much-needed boost." Methodology The Your Voice survey was conducted online, in English and French, from May 6 to June 2 and received 2,190 responses from Canadian business owners. For comparison purposes, a probability sample with the same number of respondents would have a margin of error of +/- 2.09%, 19 times out of 20. The public opinion poll was conducted online, in English and French, by CFIB from June 6 to 9, with a representative sample of 1501 adult Canadians who are members of the Angus Reid Forum. For comparison purposes only, a probability sample with the same number of respondents would have a margin of error of +/-2.53%, 19 times out of 20. About CFIB The Canadian Federation of Independent Business (CFIB) is Canada's largest association of small and medium-sized businesses with 100,000 members across every industry and region. CFIB is dedicated to increasing business owners' chances of success by driving policy change at all levels of government, providing expert advice and tools, and negotiating exclusive savings. Learn more at
Yahoo
16-06-2025
- Business
- Yahoo
Global start-up ecosystem value down, but AI-native start-ups on the rise
The global economy still cannot shake off the pandemic downturn, and that includes start-up ecosystems, according to the Global Startup Ecosystem Ranking 2025. However, the authors draw a comparison between the current phase of AI integration into the global economy and the early days of internet adoption. They note that the key difference is that the current rate of AI growth is exponentially higher. Early-stage funding deals and values have fallen dramatically since the early days of the pandemic. In the second half of 2021 (H2 2021), there were 13,215 deals valued at more than $60bn. By H2 2024, there was a fraction of this activity, with 5,391 deals valued at just over $20bn. The report also measures a decrease in ecosystem value, which it calculates through the sum of valuations of funded start-ups plus the post-money valuation in the past two-and-a-half years. There has been a 31% ecosystem value aggregate decrease in 2025. Out of the top 20 ecosystems the report measures, only three had positive growth in this area in the past year: Beijing, Los Angeles and Tokyo. The report emphasises the opportunities that can be created by AI native start-ups. It underlines the importance of diversifying development out of the US and China, which already receive most of the funding in the sector, so that opportunities can be created elsewhere. JF Gauthier, founder and CEO of Startup Genome (which authors the report), highlights that, currently, most AI budgets are being spent on infrastructure, research, and adoption of "existing AI solutions developed in the US and China". This means that entrepreneurial AI policy, the "engine of local job creation", according to Gauthier, is being overlooked. "Governments and agency leaders in charge of start-up ecosystems have, in this critical moment, the most important job of steering their societies to invest locally to produce long-term prosperity. Instead of investing 100% of the AI budget in the US and Chinese innovation – the value of which will be eroded by next year – allocate at least 25% of that investment to building your local AI-native start-up ecosystem," Gauthier advises. This embedded content is not available in your region. In creating the 2025 rankings, the report looked at six success factors: AI-native transition, funding, knowledge, market reach, performance, and talent and experience. It highlights South Korea's start-up policies, with the Seoul Metropolitan Government having invested $1.4bn (1.9trn won) in policies and initiatives over the past four years and therefore climbing 12 ranks. Singapore has also risen eight ranks since the mid 1990s through the pursuit of start-up-friendly policies. This embedded content is not available in your region. The factors weighed to rank emerging ecosystems are slightly different from those for the top locations. There is more focus on early-stage funding and less emphasis on the number of exits. Wuxi, China, attained the top spot in the ranking following a 67% increase in exits, with values over $50m (359.03m yuan). Jakarta gained four ranks and Istanbul ten, after an increase in funding and market reach. Riyadh has had the most significant growth in the Middle East and North Africa region, jumping from the 51–60 range in 2024 to the 21–30 range in 2025. This growth was fuelled by an increase in exits of more than $50m (SR187.5m), such as Rasan's $1.1bn exit. "Global start-up ecosystem value down, but AI-native start-ups on the rise – report" was originally created and published by Investment Monitor, a GlobalData owned brand. The information on this site has been included in good faith for general informational purposes only. It is not intended to amount to advice on which you should rely, and we give no representation, warranty or guarantee, whether express or implied as to its accuracy or completeness. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
Yahoo
12-06-2025
- Sport
- Yahoo
Students shine during Special Olympics Games
ANDOVER — More than 200 student-athletes had their moments to shine during the annual Special Olympics School Day Games at Andover High School's Lovely Field a week ago last Tuesday. The event was a collaboration between Andover and North Andover schools, which partnered with the Special Olympics of Massachusetts for the annual games. This marked the 22nd year North Andover has participated in the games and Andover's seventh year. The athletes, escorted by the Andover Police and Fire departments, paraded along the school's track as family and friends cheered them on with signs from the stands on a sunny morning. Some athletes danced to the music from the high school's drum line. Student athletes competed in track and field events like the 50-meter dash, tennis ball throw and standing and running long jumps. Field events also included activities like bean-bag tosses and soccer ball dribbling. There was also a ring-toss for younger athletes and a specialized program for athletes in wheelchairs. Mark Gauthier, 7, was one of the young North Andover athletes who had a big smile on his face as he jumped over hurdles on the field. Gauthier was cheered on by his fans, including parents, a sister, a niece and an uncle who smiled while watching their athlete having a blast. This was the second year in which Gauthier has participated in the games. He had already competed in three field events during the day. 'He is shattering records out there,' said uncle John Crockwell. Crockwell was holding a large, neon-green sign for his nephew which read: 'Go Markey, my guy.' Crockwell said the athlete saw the sign and his eyes lit up. His father Mark Gauthier described his son as a shy kid who wasn't as sociable before starting school. He watched as Mark was having fun with his classmates in a large crowd. Erica Dellorusso said she's seen a change in her brother since he enrolled in North Andover schools. 'He never would have done this before,' Dellorusso said. At the other end of the field, five-year-old Adriel Lopez was taking a break from the action by keeping his father Rafael Lopez busy running around. His mother Adriana Lopez said her kindergartner loves being outside and this was his third year attending the games. 'And it's just nice seeing the community come together,' she said. North Andover Superintendent Pamela Lathrop said it's a fun day for the kids to be able to communicate who they are and thrive in an environment geared toward them. It's something the two school districts have strived for in their collaborative efforts. 'Everything is appropriate for them, every activity they can participate in and their families are really proud,' Lathrop said. Andover Superintendent Magda Parvey said the two districts look forward to this day each year. 'It's the students' day to shine and to really be recognized in a special way,' Parvey said. 'But it's also about people coming together in the interest of our kids. That's why we're here.' North Andover's involvement in the Special Olympics began more than two decades ago thanks to the efforts of a parent of a child with special needs. Lathrop recalled her school district started participating in Special Olympics when she was a teacher and continued when she served as a principal. 'It has been great to be able to grow the program and share resources and make it a really special Olympics for all the kids,' Lathrop said. 'It's a great way to pull the two communities together and let the kids have fun and the families come out and enjoy it.'
