Atty. Vincent E. Cononico
Vincent is a member of the Casualty Department. He handles matters involving automobile liability, premises liability, underinsured and uninsured motorist liability and personal injury.
Profile Summary
About Vincent E. Cononico at a glance
Vincent E. Cononico is a Shareholder based in Cleveland, Ohio, practicing at Marshall Dennehey. They have 32+ years of legal experience, licensed to practice since 1994. Their practice focuses on real estate, litigation, and insurance. Admitted to practice in Ohio (1994), U.S. District Court Northern District of Ohio (1998), and Maryland (2005). Educated at Cleveland State University College of Law (J.D., 1994) and The University of Akron (B.S., 1991). Active member of Associations & memberships Cleveland Metropolitan Bar Association Judicial Conference of the 8th Judicial District, Life Member The Justinian Forum. Serands clients in Cleveland, OH and the surrounding metropolitan area.
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About
- Vincent is a member of the Casualty Department
- He handles matters involving automobile liability, premises liability, underinsured and uninsured motorist liability and personal injury
- Vincent has been active in civil defense litigation for over twenty-six years
- He has first chair experience in over fifty jury trials
- Prior to joining the firm, Vincent was employed by the Staff Counsel Office of a major insurance carrier, initially as a trial attorney and ultimately as a Lead Counsel
- As a trial attorney, he was recognized on multiple occasions for having the highest win percentage in a three state complex of offices
- As Lead Counsel, he managed the Cleveland and Cincinnati, Ohio offices
- He was responsible for mentoring his legal teams and ensuring thorough, cost-effective representation in hundreds of matters in litigation
- Vincent also actively collaborated with claims professionals to ensure proper disposition of matters
- Early in his career, he worked for private law firms focusing on insurance defense, political subdivision representation and products liability
- Honors & Awards •The Best Lawyers in America, Litigation - Insurance (2024-2025) Published Works •“Novel Insurance Coverage Issue?
- File a Declaratory Judgment Action in Federal Court, Right?
- Well...,” Defense Digest, Vol. 29, No. 3, September 2023 Thought Leadership U.S
- Supreme Court Decides Key Issue Regarding Interstate Freight Broker Liability May 19, 2026 Freight brokers are intermediaries
- They connect shippers of goods with trucking companies that transport those goods
- Freight brokers match a load of freight with a trucking company and oversee the logistics of the transportation.For a number of years there has been a division among the Federal Circuits regarding the potential liability of freight brokers when the trucking companies that they retain for interstate loads are involved in accidents
- At the center of this division was the Federal Aviation Administration Authorization Act of 1994 (FAAAA)
- Some Federal Circuit Courts have held that state law negligent hiring claims against freight brokers were preempted by the FAAAA
- Other Federal Circuits Courts have held that even if preemption applied, the “safety exception” in the FAAAA saved state law negligent hiring claims from federal preemption
- On May 14, 2026, the U.S
- Supreme Court addressed the conflict in Montgomery v
- Caribe Transport II, LLC, et al, No24-1238
- In that case freight broker C.H
- Robinson selected Caribe Transport to haul an interstate load
- The commercial truck driver employed by Caribe Transport allegedly caused an accident and the plaintiff, Montgomery, was seriously injured
- Montgomery brought an action against the driver, Caribe Transport and C.H
- Robinson
- The allegation against C.H
- Robinson was that it negligently retained Caribe Transport when it knew, or should have known, that it was an unsafe company
- The Seventh Circuit Court of Appeals held that Montgomery’s claims against C.H
- Robinson were preempted by the FAAAA
- The plaintiff appealed to the U.S
- Supreme Court
- The U.S
- Supreme Court’s decision focused primarily on the safety exception in the FAAAA
- That provision provides that the FAAAA preemption “...shall not restrict the safety regulatory authority of a State with respect to motor vehicles.” C.H
- Robinson argued, as freight brokers historically have, that their function was not “with respect to motor vehicles” because they do not own trucks or employ drivers
- They are merely intermediaries, connecting entities who need freight moved with entities who can do that job
- Therefore, C.H
- Robinson argued that preemption applied, not the safety exception
- The U.S
- Supreme Court did not accept that argument
- The Court focused on the meaning of the phrase “with respect to” in the safety exception
- The Court held that it means “referring to”, “concerning” or “regarding”
- Therefore, writing for a unanimous Court, Justice Barrett concluded that “[r]equiring C.H
- Robinson to exercise ordinary care in selecting a carrier therefore “concerns” motor vehicles-most obviously, the trucks that will transport the goods
- So, Montgomery’s negligent-hiring claim falls within the FAAAA’s safety exception, which saves it from preemption.”Justice Kavanaugh, in his concurring opinion, noted the effect this ruling may have on freight brokers and their insurers throughout the country:Importantly, the Court's decision today should not be read to mean that brokers will routinely be subject to state tort liability in the wake of truck accidents
- As even plaintiff's counsel stressed, brokers should be able to successfully defend against state tort suits if the brokers have acted reasonably and arranged transportation with reputable trucking companies
- Tr. of Oral Arg. 27-29
- In plaintiff's counsel's words, the brokers 'just have to hire carriers that actually have a reasonable policy,' and 'the broker is not going to have a problem if it's asking the hard questions of the carrier.' Id., at 42, 45
- In addition, the proximate-cause requirement in typical state tort law should help protect brokers from excessive liability
- Id., at 25.That said, the brokers rightly caution against naivete
- In the real world, as the brokers forcefully respond, state tort law can be unpredictable, and the costs to brokers of litigation and insurance may be significant even when brokers prevail in lawsuits
- Moreover, the costs of litigation and insurance, as well as the costs of brokers' conducting more substantial inquiries into trucking companies, will cascade through the economy and be paid in part by American consumers in the form of higher prices
- The concerns expressed by the brokers are legitimate and weighty.The key point here is that freight brokers can no longer claim they are protected from negligent retention claims by the FAAAA (in cases involving interstate transportation)
- The challenge will be to determine what is considered ”reasonable efforts” used by brokers when retaining transportation companies
- U.S
- Supreme Court to Decide Key Issue Regarding Freight Broker Liability October 9, 2025 The federal circuits courts are divided on application of the Federal Aviation Administration Authorization Act of 1994 (FAAAA)
- Some circuits have concluded that state law negligent hiring or supervision claims against freight brokers for personal injuries or deaths caused by commercial motor carriers are pre-empted by the FAAAA
- Other circuits have concluded that the FAAAA’s safety exception applies and, therefore, the FAAAA’s pre-emption is not applicable
- The U.S
- Supreme Court will resolve this conflict among the federal circuit courts in Montgomery v
- Carbine Transport II, LLC, 24-1238
- On October 3, 2025, the high court accepted the following “question presented” in the Montgomery case:The common law permits a cause of action for negligent selection
- For example, a person injured in a truck crash has a cause of action against someone that negligently selected the truck driver to transport property
- A federal statute expressly preempts state laws “related to a price, route, or service of any motor carrier ... or any motor private carrier, broker, or freight forwarder with respect to the transportation of property.” 49 U.S.C. 14501(c)(1)
- The statute has a safety exception, providing that the statute “shall not restrict the safety regulatory authority of a State with respect to motor vehicles.” Id. 14501(c)(2)(A)
- The question presented is: Does 14501(c) preempt a state common-law claim against a broker for negligently selecting a motor carrier or driver?Therefore, the Supreme Court will resolve the conflict and provide much needed clarity to litigants regarding the application of the FAAAA
- It is likely that we will have a ruling within six months to a year
- For further background, see Vincent's article 'Sixth Circuit Issues Key Ruling on Freight Broker Liability in Trucking Industry,' published July 14, 2025
- Legal Update for Trucking & Transportation Liability - October 9, 2025, is prepared by Marshall Dennehey to provide information on recent legal developments of interest to our readers
- This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship
- We would be pleased to provide such legal assistance as you require on these and other subjects when called upon
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- News 98 Marshall Dennehey Attorneys Recognized in the 2026 Editions of The Best Lawyers in America and the Best Lawyers: Ones to Watch in America August 20, 2025
Practice Areas Explained
Vincent E. Cononico's Areas of Practice
Each practice area below reflects the types of cases Vincent E. Cononico handles, with a brief overview of what that area of law covers.
Real estate attorneys handle home purchases, sales, commercial transactions, title disputes, and landlord-tenant matters.
Vincent E. Cononico is one of 316,149 real estate attorneys indexed nationally. Browse real estate attorneys in Ohio →
Civil litigation attorneys for breach of contract, business disputes, civil rights, and class action lawsuits.
Vincent E. Cononico is one of 454,532 litigation attorneys indexed nationally. Browse litigation attorneys in Ohio →
Insurance attorneys for coverage disputes, bad faith claims, denied claims, and policy disputes.
Vincent E. Cononico is one of 121,912 insurance attorneys indexed nationally. Browse insurance attorneys in Ohio →
Jurisdictional Context
Why local counsel matters in Ohio
Practicing law in Ohio. Legal matters in Ohio are governed by state-specific rules of civil and criminal procedure, statutes of limitations, and substantive law. Cases originating in Cleveland are typically filed in the local municipal court or the appropriate Ohio state district court, depending on subject matter and amount in controversy. An attorney licensed in Ohio brings working knowledge of local procedural deadlines, judicial practices in this andnue, and the substantive law that applies to cases brought here. Out-of-state attorneys generally cannot represent clients in Ohio courts without local counsel or pro hac vice admission.
Looking for additional Ohio attorneys? Browse all attorneys in Cleveland or all attorneys in Ohio.
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