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Robert D. Moseley Jr.

Robert D. Moseley Jr.

Partner, Transportation and Logistics Industry Leader

T (864) 751-7643
F (864) 751-7800
Overview

Rob is the head of the firm's Transportation Industry Group representing trucking companies, brokers and logistics companies (and their insurance carriers), with disputes involving commercial transportation accidents, federal & state safety regulations, commercial insurance coverage disputes, freight claims, and other disputes involving trucking companies. He has tried over 80 cases to jury verdict in federal & state courts of unlimited jurisdiction.

Rob serves as national counsel or "Quarterback" for several insurance companies and regional and national motor carriers, managing active litigation in twenty to thirty states at any given time.

Rob has developed a team of lawyers versed in the world of freight claims. The terms Carmack Amendment, Himalaya Clause, and on-hand notice are nothing new here. Rob has also obtained unique acclaim in pursuing cases for his collection of freight charges from shippers, including government agencies.

Transportation contracting is an area where Rob concentrates on reviewing and drafting shipping contracts and tariffs. Rob has defended brokers in negligent selection cases and is on the forefront of arguments related to Federal Preemption. Broker liability cases are not unfamiliar territory. Rob has handled some of the most serious and noteworthy broker liability cases in the country.

One of Rob's assets is his ability to advise trucking companies on proactively assessing and addressing risk both internally and externally, as well as planning for growth and development. He works closely with the firm's Corporate team in this respect.

Independent contractors can be a troublesome area for motor carriers. Rob works with motor carriers to manage contractual relations and negotiate the Federal Regulations and decisions. In association with the Employment Team, Mr. Moseley defends class action litigation brought by contractors and employee drivers related to "Truth in Leasing" cases, Fair Labor Standards and other employment issues. Rob is also versed in disputes (including workers' compensation) involving owner-operators.

In representing the transportation industry, a good portion of Rob's practice is devoted to serving insurance companies, specifically including the defense of catastrophic automobile accidents, and other cases being defended by insurance carriers. Rob and his team have defended through summary judgment in appellate cases regarding the interpretation of the MCS-90 endorsement relating to motor carrier financial responsibility.

Rob and his wife Robin have seven children. They attend Redeeming Grace Church.

Listed in South Carolina Super Lawyers
Listed in South Carolina Super Lawyers
Achievements
  • Motor Carrier Insurance Education Foundation, Honorary Member
  • Transportation Lawyers Association's Distinguished Service Award, 2011
  • South Carolina Super Lawyers, Listed Transportation/Maritime (2009, 2011-2017)
  • Named Greenville Best Lawyers Law Lawyer of the Year, Insurance  (2014), Personal Injury Litigation (2016)
  • Listed, The Best Lawyers in America® (Woodward/White, Inc.), Insurance Law, Personal Injury Litigation-Defendants, more than 10 years
  • Recognized by Chambers and Partners, USA, as one of South Carolina Leaders, General Commercial Litigation (2014-2017)
  • Greenville Business Magazine's Best and Brightest Under 35" (1997), Legal Elite, Insurance (2013, 2015, 2016); Transportation (2013, 2015)
  • Compleat Lawyer Award, University of South Carolina School of Law, 2001
  • Recognized by the South Carolina Trucking Association for his efforts in protecting the interests of the Transportation Industry, 2004
  • American Trucking Association's Safety and Loss Prevention Council Outstanding Contribution Award, 2007
  • Martindale-Hubbell's top ("AV") Peer Review Rating *

* CV, BV, and AV are registered certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedure's standards and policies.

Thought Leadership

Publications

January 4, 2017
January 4, 2016
September 30, 2015
New FMCSA Hours-of-Service Exemptions, The Transportation Newsletter
July 15, 2015
January, 2015
October 1, 2014
June 26, 2014
Why You Need to Go to Electronic Logs Now, The Transportation Newsletter
January 9, 2014
CSA 2010 2011 2012 2013 2014?, The Transportation Newsletter
March 27, 2013
July 3, 2012
July 3, 2012
Intrastate CMV Enforcement, The Transportation Newsletter
January 23, 2012
FMCSA Bans Handheld Mobile Devices, The Transportation Newsletter
January 23, 2012
How An MCS-150 Can Affect Your CSA Score, The Transportation Newsletter
January 23, 2012
New Standards for Cargo Security, The Transportation Newsletter
July 1, 2011
June 30, 2011
Doctors who Perform Truck Driver Physicals, The Transportation Newsletter
March 14, 2011
December 19, 2010

Published Works

  • "The Proposed Regulations on Sanitary Transportation of Food: Food Truck Wars?," The Transportation Lawyer, November 2014
  • "Attorneys: Don't Restructure Yet Based on Graves Amendment Case," TruckingInfo.com, August 2014
  • "CSA 2010 2011 2012 2013 2014?", Trucking Industry Defense Counsel, Winter 2014
  • "The FMCSA, OSHA, EEOC & You," Trucking Info, March 2014
  • "CSA 2010," TRUX, Spring 2014 (co-authored with Tracy Marion)
  • "South Carolina Department of Employment & Workforce and Independent Contractors," South Carolina Trucking Association, Inc., CAPITOL Report, March 8, 2013
  • "Does Your Trucking Company's At-Will Employment Policy Violate the National Labor Relations Act?" The Transportation Lawyer, February 2013, Volume 14, Number 4. (co-authored with Peter A. Rutledge)
  • "Federal Preemption in Motor Carrier Selections Cases Against Brokers and Shippers," Transportation Law Journal, 2012 Volume 39, Number 2 (co-authored with C. Fredric Marcinak)
  • "FMCSA Proposes to Broaden Scope of Regulations Over 5 Years," Informer, 2nd Quarter 2012, Transportation Lawyers Association
  • "FMCSA Publishes Medical Examiner Registry Rule," Informer, 2nd Quarter 2012, Transportation Lawyers Association, (co-authored with Joseph W. Rohe)
  • "Nodding Off at the Wheel Can't Help, But Maybe Can't Hurt," Informer, 1st Quarter 2012
  • "FMCSA Bans Handheld Mobile Devices," The Transportation Lawyer, December 2011 (co-authored with Joseph Rohe)
  • "Cases that Changed the Motor Carrier Experience," Informer, 3rd Quarter 2011 (co-authored with Fredric Marcinak)
  • "Doctor's Dilemma in Giving Driver Physicals," Informer, 2nd Quarter 2011
  • "FMCSA Pre-Employment Screening Program," Informer, 4th Quarter 2010
  • "Court Upholds Punitive Damages are Recoverable from Underinsured Motorist Carriers," The Transportation Lawyer, October 2010, (co-authored with Fredric Marcinak)
  • "Tenth Circuit Shakes the World of MCS-90," The Transportation Lawyer, Volume 11, Number 3, January 2010 (co-authored with Matt Staab, Fredric Marcinak and Patrick J. Sweeney)
  • "Shipper Left on the Hook in Carolina Load Securement," Informer, 2nd Quarter 2009
  • "Recent Case Demonstrates The Need to Stay in Touch With Your Driver," The Transportation Lawyer, Volume 10, Number 4, February 2009
  • "Non-Trucking Insurance Coverage Applicable: However Non-Trucking Insurance Company Must Provide Defense," The Transportation Lawyer, Volume 10, Number 2, October 2008
  • "Are Intermodal Drives (and You) Subject to the Longshoremen's Act?" The Transportation Lawyer, Volume 9, Number 5, April 2008 (co-authored with Matt Staab)
  • "Michigan Court Gives Light Weight to Carrier Tariff and Strictly Construes Freight Billing Regulations," The Transportation Lawyer, Volume 9, Number 4, February 2008 (co-authored with Francesca Mosteller)
  • "New Electronic Data: Document and Information Management for the Transportation Industry," The Transportation Lawyer, Volume 9, Number 3, December 2007 (co-authored with Peter Rutledge and Thomas Larkin)
  • "Scope of Nontrucking Coverage Shrinks Again," The Transportation Lawyer, Volume 8, Number 5, April 2007
  • "Court Takes Bite Out of Favorable Supreme Court Decision," Informer, 1st Quarter 2007
  • "It Speaks for Itself or Does It?" The Transportation Lawyer, Volume 8, Number 3, December 2006 (co-authored with Alex N. MacClenahan)
  • "Trucker's Negligence a Jury Issue Hamilton v. R&L Transfer, Inc., Op. No. 3876 (S.C. Ct. App. 2004)," The Transportation Lawyer, Volume 6, Number 3, December 2004
  • "Ethical Dilemmas That Arise in Trucking Litigation from a Lack of Client Cooperation in Discovery," The Brief, Fall 2004 (co-authored with Kurt M. Rozelsky)
  • "Punitive Damages Alive and Well in South Carolina After State Farm v. Campbell," The Transportation Lawyer, Volume 6, Number 1, August 2004

Events

August 16, 2011
June 03, 2011
October 24, 2010

Presentations

  • Truck Underwriting Concerns, Sentry Agents Conference, Stevens Point, WI, September 13-14, 2017
  • Developments in Broker Liability, Arkansas Trucking Meeting, September 13-14, 2017
  • Issues Relating to Transportation Affecting the Members, Appalachian Hardwood Manufacturers meeting, Asheville, NC, July 24, 2017
  • New Era of Truck Accident Litigation, NC Trucking Association Annual Conference, Asheville, NC, July 16-18, 2017
  • ELD Webinar, July 11, 2017
  • SMC3 Contract Seminar, West Palm Beach, FL, June 26-28, 2017
  • Panel Discussion on Future of Trucking, Georgia Motor Truck Association, Hilton Head Island, SC, June 18-20, 2017
  • Food Safety Regulations, New Jersey Motor Truck Association Safety Meeting, May 23, 2017
  • Understanding and Complying With the ELD Mandate, Greensboro, NC, April 25, 2017
  • Expert Tips to Avoid Problems with ELD Implementation, Vertical Alliance Webinar, April 20, 2017
  • TIA 2017 Conference, Las Vegas, Nevada, April 6, 2017
  • Cargo Seminar, TIDA, Tempe, Arizona, April 5, 2017
  • Electronic Logging Devices, SCTA Truck Fest, Columbia, SC, March 30, 2017
  • The FMCSA's Latest: Drug and Alcohol Clearinghouse and Entry Level Driver Training, Iowa Motor Truck Association, February 16, 2017
  • Food Safety Modernization Regulations, Arkansas Trucking Association, Joint Safety & Maintenance Council Meeting, January 26, 2017
  • Contract Law Seminar, SMC3 Jump Start Conference, Atlanta, January 23-25, 2017
  • Boot Camp for Insurance Coverages, and MCS-90 and State and Federal filing associated with Trucking Policies, TLA Regional Seminar in Chicago, January 19-20, 2017
  • Transportation Webinar: The FMCSA's Latest: Drug and Alcohol Clearinghouse and Entry Level Driver Training, January 18, 2017 (co-presenter)
  • Regulatory and Business, Fair Credit Reporting Act, Tarwheels Safety Summit, Greensboro, Nov. 10, 2016
  • Issues regarding independent contractors, technology, brokering and other hot topics; The Expedite Association of North America Annual Conference; Chicago, IL, July 9, 2016
  • Insurance Issues Affecting the Association, The Expedited Association of North America (TEANA), Nashville, July 8-10, 2016
  • Contract Law Seminar, SMC3 Connections Conference in Chicago, June 26-29, 2016
  • Independent Contractors, Labor and Employment Seminar, Georgia Motor Truck Association, April 5, 2016
  • Ocean Bills and Downstream Carriers, and Contracting after MAP-21, TIDA Cargo Claims and Skills Meeting, Tempe, AZ, March 8-9, 2016
  • Carrier-Broker Relations; ATA Executive Leadership meeting, February 29, 2016
  • Changes in the Regulatory Framework for Trucking; BB&T Capital Markets Transportation Conference in Miami February 10-11, 2016
  • Independent Contractor Relationships, SCTA Transportation Law Conference in Columbia, SC, January 29, 2016
  • Conference of Freight Counsel meeting in Nashville, Tennessee, January 10-11, 2016
  • Contract and Freight Claims, SMC3 Connections 2015 Conference in San Diego, June 22-24, 2015
  • Independent Contractor Relationships, 2015 CCJ Fall Symposium, Scottsdale, AZ, November 16-18, 2015
  • Regulatory Developments, BB&T Capital Markets Transportation Meeting, Miami, FL February 12, 2015
  • Transportation Issues, SC Timber Producers Assn. Meeting, Myrtle Beach, SC, Feb 6-8, 2015
  • Contract Law Seminar, SMC3 Jump Start Conference, Atlanta, GA, January 20, 2015
  • SMC3 Contract Law Seminar and Cargo Claims Seminar, Chicago, November 17, 2014
  • Upcoming Changes in Federal Regulations, Georgia Motor Truck Association, November 12, 2014
  • Webinar on Upcoming Federal Regulations for the Journal of Commerce, November 11, 2014
  • Top 10 Legal Issues Facing Truckers, Truck Risk Control Workshop, San Antonio, Texas November 5-6, 2014
  • Insurance Coverage Cases, CSA and Independent Contractors, Motor Carrier Educational Foundation Conference, Orlando, Florida, October 17, 2014
  • Developments in the Law Affecting Motor Carriers, C&B Captive Meetings, Dubuque, Iowa and Nashville, Tennessee, October 13-16, 2014
  • Issues Arising from Federal and State Motor Carrier Filings, Progressive Commercial Lines Meeting, Cleveland, Ohio, September 10, 2014
  • Independent Contractor/Open Deck Meeting, TCA, Chicago, September 4-5, 2014
  • Recent Regulatory Developments Affecting Truckers, American College of Transportation Attorney, Chicago, Illinois, August 22, 2014
  • Employment and Contractor Issues, Truckload Carriers Association Refrigerated Meeting, Park City, Utah, July 9-11, 2014
  • General Trends in the Trucking Industry and Brokerage Issues, South Carolina Trucking Association, Trucking Law Conference, May 9, 2014
  • Broker Liability Issues, Transportation Intermediaries Association (TIA), Tucson, Arizona, April 9-11, 2014
  • Material Deviation in the Trucking Cargo Context and COGSA v. Carmack as far as Governing Freight Claims, TIDA Cargo Seminar, Tempe Arizona, March 19, 2014
  • Trucking Trends, SC Timber Producers Association Annual Meeting, Myrtle Beach, SC February 7-9, 2014
  • Speaker at Piedmont Triad Transportation Association meeting in Greensboro on January 23, 2014
  • Transportation Contracts and Cargo Claims, SMC3 Jump Start Conference, Atlanta, GA, January 20 and 21, 2014
  • Recent Developments on Freight Claims, TLA Chicago Regional Meeting, January 17-18, 2014
  • Cargo Claims, TLA Regional Seminar, January 16-17, 2014 (Chicago)
  • Speaker at CIC Truckers II seminar in Phoenix, AZ November 6-7, 2013
  • Recent Insurance, Underwriting and Safety Issues, Motor Carrier Insurance Educational Foundation Annual Meeting, Orlando, FL, Oct. 23-24, 2013
  • Top Ten Legal Issues Facing the Trucking Companies, American Trucking Association Management Conference & Exhibition October 19-22, 2013
  • Contract Law Seminar, SMC3, Chicago on October 2, 2013
  • Top Issues Facing Trucking Companies, North Carolina Trucking Association meeting, Wild Dunes in Charleston, SC, July 14-16, 2013
  • FAAAA Preemption and Suspected but Unproven Cargo Damage , TIDA Cargo Skills,Atlanta, GA, March 20, 2013
  • Cargo Claims Liability, APL Cargo Seminar, Scottsdale, AZ, March 12, 2013
  • TCA Presentation, Las Vegas, Nevada, March 6, 2013
  • Contract Law Seminar, SMC3, Atlanta, GA, February 26, 2013
  • Contract Law Seminar, SMC3, Atlanta, GA, October 16, 2012
  • Top Ten Legal Issues Facing the Trucking Industry, ATA Management Conference, Las Vegas, Nevada, October 7-8, 2012
  • U.S. Law Pertinent to Carriers, Shippers and Brokers Operating form Canada into the United States, Canadian Transport Seminar, Toronto, Canada, October 2-3, 2012
  • Hot Topics in Trucking Coverages, CIC Truckers, Houston, TX, September 25-26, 2012
  • Developments in Safety, Virginia Trucking Association, May 16-17, 2012
  • Contract Law Seminar, SMC3, Cincinnati, Ohio, April 17, 2012
  • Suspected But Unproven Damage in Cargo Claims, TIDA Skills Seminar and Cargo, Tempe, AZ, March 8-9, 2012
  • Insurance Issues Relating to Trucking, Harco, Chicago, IL, February 13, 2012
  • Transparency Issues in Trucking Litigation and Safety, Commercial Carrier Journal Fall Symposium, Arizona, November 7-9, 2011
  • SCTA Independent Contractor Workshop, Charleston, South Carolina, November 3, 2011
  • Current Regulatory Environment and Current Cases Involving Insurance Coverage, AAMGA, Denver, Colorado, October 27-28, 2011
  • Top Ten Legal Problems Facing Trucking Companies, ATA Management Conference and Exhibition, Dallas, Texas, October 15-18, 2011
  • Trucking Insurance Coverage Issues, Chartis Transportation Client Advisory Board Meeting, New York, New York, October 2, 2011
  • Cargo Claim Basics, TIDA Cargo Seminar, Cleveland, Ohio, September 21, 2011
  • Contract Law Seminar, SMC3, Nashville, Tennessee, September 13, 2011
  • Trucking Insurance Coverages, CIC Truckers II Conference, Orlando, Florida, September 7-9, 2011
  • Fighting Trucking Industry Experts, American College of Transportation Attorneys, Chicago, Illinois, August 26, 2011
  • Trucking Law Update, Insurance Coverage and Cargo Claims, Greenville, South Carolina, August 16, 2011
  • Issues Facing the Industry, North Carolina Trucking Association Annual Meeting, Myrtle Beach, South Carolina, July 14-17, 2011
  • CSA, Independent Contractors and Trucking Insurance Coverage, Advanced Transportation Seminar, Dubuque, Iowa, June 16-17, 2011
  • Trucking Update Seminar, Insurance Coverage and Cargo Claims, Smith Moore Leatherwood, Greensboro, North Carolina, June 3, 2011
  • Moderator, Freight Claims Committee, Annual Transportation Lawyers Association, Las Vegas, Nevada, May 12-14, 2011
  • Independent Contractor Workshop, SCTA, Smith Moore Leatherwood, Greenville, South Carolina, May 5, 2011
  • Speaker, Summary of Year's Cargo Cases, TIDA Cargo Seminar, Phoenix, Arizona, March 28, 2011
  • Contract Law Seminar, SMC3, Denver, Colorado, March 8, 2011
  • Navigating Trucking Insurance Issues, Harco, Chicago, Illinois, March 1, 2011
  • Independent Contractors, Harco, Chicago, Illinois, March 1, 2011
  • CSA and Your Company, SCTA, Greenville, South Carolina, January 24, 2011
  • Navigating Trucking Insurance Issues, AAMGA, Orlando, Florida, October 24-25, 2010
  • Claims Legal Update, Loss Prevention Conference 2010, Atlanta, Georgia, October 19, 2010
  • Contract Law Seminar, USA Truck, Inc., Van Buren, Arizona, September 27, 2010
  • Motor Carrier Coverage Form, CIC Truckers II Seminar, Charlotte, North Carolina, September 16-17, 2010
  • Contract Law Seminar, SMC3, Charlotte, North Carolina, September 15, 2010
  • NCTA, Asheville, North Carolina, September 10, 2010
  • Cargo Seminar, Baldwin & Lyons, Indianapolis, Indiana, July 14, 2010
  • Transportation Contracts, Atlanta Traffic Club, Atlanta, Georgia, June 14, 2010
  • Navigating Insurance Coverage Issues, W.E. Love & Associates Annual CLE Seminar, June 9, 2010
  • Motor Carrier Form v. Truckers Form SISCO Webinar, May 24, 2010
  • A Lesson in Contracts: What Every Trucking Professional Needs to Know, ATA Webinar, May 18, 2010
  • Cargo Claims, TIDA, Memphis, Tennessee, May 12, 2010
  • Transportation Update, SML/Great West Casualty, Charleston, South Carolina, May 5, 2010
  • Independent Contractors, SCTA, April 20, 2010
  • Transportation Contract Law, SMC3 Seminar, Dallas, Texas, March 24, 2010
  • Anatomy of a Trucking Insurance Policy, Greenville Bar CLE, February 12, 2010
  • Advanced Trucking Insurance Issues, DRI, Las Vegas, Nevada, February 4-5, 2010
  • Attacking Industry Experts and Other Litigation Techniques, TLA, Chicago Regional Conference, January 22, 2010
News

News

Community
  • Redeeming Grace Church - Small Group Leader
  • Former Member, Fellowship of Christian Athletes, Area Upstate and State Board of Directors
Education
  • University of South Carolina School of Law, J.D.
  • The Citadel - The Military College of South Carolina
Admissions
  • United States Court of Appeals, Eleventh Circuit
  • United States Court of Appeals, Fourth Circuit
  • South Carolina
  • United States Court of Appeals, Tenth Circuit
  • United States Court of Appeals, Federal Circuit
  • United States District Court, District of South Carolina
  • United States Court of Federal Claims
Affiliations
  • Member and former Chairman, American College of Transportation Attorneys
  • Transportation Lawyers Association
  • National Truck & Heavy Equipment Claims Council
  • South Carolina Trucking Association, Board of Directors
  • American Trucking Association
    • Safety & Loss Prevention Management Council
  • Conference of Freight Counsel
  • SMC3
    • Education Advisory Committee
  • DRI, Trucking Law Committee
  • Association for Transportation Law, Logistics and Policy
Academic Honors
  • Graduated first in his class from The Citadel with a 4.0 GPA
  • Graduated second in his class at University of South Carolina School of Law
  • Received five American Jurisprudence Awards (now CALI), University of South Carolina School of Law
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