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On May 14, 2026, the United States Supreme Court issued a landmark unanimous ruling that will fundamentally reshape trucking and freight brokerage litigation....more
In a long-anticipated ruling, the US Supreme Court determined in Montgomery v. Caribe Transport II, LLC et al. that freight brokers are subject to state-law negligent hiring claims and do not get the benefit of federal...more
In a unanimous decision, the Supreme Court held that state-law negligent-selection claims against freight brokers are not barred by the Federal Aviation Administration Authorization Act (“FAAAA”) because such claims fall...more
On Thursday, May 14, 2026, the U.S. Supreme Court, in a 9-0 opinion authored by Justice Amy Coney Barrett, held that brokers who select motor carriers to transport shippers’ goods are subject to state laws governing...more
So far in 2026, plaintiffs have filed comparably fewer new actions under the Antiterrorism Act of 1990 (ATA), as amended by the 2016 Justice Against Sponsors of Terrorism Act (JASTA)....more
On May 14, 2026, a unanimous Supreme Court decision held that state-law negligent-hiring claims against freight brokers are not preempted by the Federal Aviation Administration Authorization Act of 1994 (FAAAA or F4A). The...more
In Montgomery v. Caribe Transport II, LLC, No. 24-1238 (U.S. May 14, 2026), the Supreme Court held that a claim that a freight broker negligently hired a motor carrier to transport goods falls within the safety exception to...more
Today, in Montgomery v. Caribe Transport II, LLC, a unanimous Supreme Court held that negligent carrier selection claims are saved by the FAAAA’s safety exception. Justice Barrett, writing for the majority, applied a...more
In a unanimous decision issued on May 14, 2026, the U.S. Supreme Court held in Montgomery v. Caribe Transport II, LLC that freight brokers can be sued under state negligent-hiring law when they select motor carriers with...more
On May 14, 2026, the U.S. Supreme Court issued a significant transportation law decision in Montgomery v. Caribe Transport II, LLC, resolving a long-standing split among federal courts concerning the scope of the Federal...more
The decision in Montgomery v. Caribe Transport II, LLC confirms that freight brokers may face state-law claims when they select unsafe motor carriers to transport goods....more
Today, the United States Supreme Court released its decision in Montgomery v. Caribe Transport II, LLC, et al., unanimously holding that the Federal Aviation Administration Authorization Act of 1994 (the “FAA Authorization...more
To assert a claim for fraud in New Jersey, a plaintiff must show (1) a material misrepresentation of a presently existing or past fact, (2) knowledge or belief by the defendant of its falsity, (3) an intention that the other...more
In Montgomery v. Caribe Transport II, LLC, No. 24-1238 (U.S. May 14, 2026), the U.S. Supreme Court issued its decision addressing whether negligent selection claims against transportation brokers are preempted by federal law....more
In a unanimous decision released May 14, 2026, the U.S. Supreme Court held that the Federal Aviation Administration Authorization Act (FAAAA) does not preempt state-law claims that a freight broker negligently selected an...more
In a unanimous decision issued Thursday, the United States Supreme Court ruled that state-law negligent-hiring claims against transportation brokers are not preempted by the Federal Aviation Administration Authorization Act...more
Auditor negligence claims are rarely won on breach alone. In Wine Enterprise v Crowe, the English High Court focused on whether a different audit approach would realistically have changed the company’s trajectory, and on the...more
On April 15, 2026, the New Jersey Appellate Division issued an important decision in Gonzalez v. DiBello, et al., A‑2334‑24 (App. Div. Apr. 15, 2026), affirming summary judgment in favor of a transactional attorney accused of...more
What employers should know about key developments this week: • Arbitration Agreement Drafting Pitfalls: Vague or imprecise language regarding discovery, confidentiality, neutrality, and mutuality can hand employees a...more
In Shareholder Representative Services LLC v. Sphera Solutions, Inc. (Mar. 31, 2026), a Magistrate for the Court of Chancery, in a letter decision, at the pleading stage of the litigation, declined to dismiss the plaintiff’s...more
On April 2, 2026, the Washington Supreme Court issued a decision in Montes v. SPARC Group LLC, holding that a consumer who purchases a product at a discounted advertised price, and receives exactly what was advertised, does...more
Trade secret litigation often turns on fast-moving disputes over information, competition, and control. Each month, we highlight notable rulings, verdicts, and enforcement actions shaping trade secret risk and litigation...more
Key Takeaways - AI agents can harvest, synthesize, and exfiltrate trade secrets through more than a dozen evasion techniques that generate no conventional security alert....more
This week, we take a break from our regular coverage of recent developments in business divorce caselaw in favor of a more enduring, slightly more scholarly debate. Don your herringbone, affix your spectacles, and retreat to...more
May 11, 2026 marks the tenth anniversary of the Defend Trade Secrets Act. The DTSA created a federal civil cause of action for trade secret misappropriation, giving companies across the country a powerful new tool to protect...more