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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
A recent decision from Ontario’s highest court has yielded an unusual result regarding Ontario’s ever-evolving summary judgment regime. Typically, motions for partial summary judgment are difficult to advance and, in many...more
On May 14, 2026, the Supreme Court of the United States resolved a circuit split1 when it unanimously (9-0) ruled in Montgomery v. Caribe Transport II, LLC (Caribe). It held that a claim against a broker that negligently...more
In a short, unanimous decision delivered by Justice Barrett on May 14, the United States Supreme Court in Montgomery v. Caribe Transport II, LLC et al. ruled that the FAAAA does not preempt state law negligent hiring claims...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
On May 14, 2026, the Supreme Court of the United States ruled that a negligent-hiring claim against a freight broker is not preempted by the Federal Aviation Administration Authorization Act (FAAAA), raising the risk of...more
In a unanimous 9-0 decision issued today in Montgomery v. Caribe Transport II, LLC, the Supreme Court has fundamentally altered the liability landscape for the freight brokerage industry. The Court, reversing the Seventh...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
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
On May 14, 2026, the Supreme Court of the United States issued two decisions: Montgomery v. Caribe Transport II, LLC, No. 24-1238: This case addresses the Federal Aviation Administration Authorization Act’s (“FAAAA”)...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 2021, the Supreme Court of New Jersey adopted the “Ongoing Storm Rule” in Pareja v. Princeton International Properties, 246 N.J. 546 (2021). The “Ongoing Storm Rule” stands for the proposition that commercial landowners...more
This article is a brief update following confirmation on 29 April 2026 that the Crime and Policing Bill received Royal Assent. Through this bill, the limitation law in child sexual abuses cases in England and Wales will be...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
In a significant ruling for insurance practitioners, the Court of Common Pleas for the State of Delaware recently clarified the boundaries of the state’s Personal Injury Protection (PIP) statute. On March 12, 2026, in USAA...more
Turn on the television in any major American city and the same scene plays out on a loop: a slick 30-second spot, a confident attorney holding a phone, a narrator promising millions — "We fight for you." "No fee unless we...more
A recent ruling from the Texas Supreme Court reinforces a demanding evidentiary standard in premises liability cases and reminds plaintiffs that circumstantial evidence of a hazard’s cause is not the same as evidence of its...more
Lawmakers made a drastic change in Florida’s comparative fault rule in 2023, and the effects of that change are now showing up in court, revealing some patterns that plaintiffs in personal injury cases need to be aware of. ...more
In a unanimous decision issued May 14, 2026, the Supreme Court of the United States held that negligent hiring/selection claims against freight brokers are not preempted by the Federal Aviation Administration Authorization...more
In early January 2019, Joyce Williams was a passenger in her friend’s car when they were rear-ended. The vehicle was stopped in the left lane of a two-lane farm-to-market road in western Travis County, Texas, signaling a...more
The Tennessee Court of Appeals’ recent decision in Margaret Daniel et al. v. Rick’s Barbeque, Inc., et al. serves as a reminder that some premises liability claims can, and should, be resolved as a matter of law. In affirming...more
Truck accident cases are far more complicated than most car accident cases in Florida for a variety of reasons. There are more parties involved, corporate legal teams get aggressive, injuries are usually much more severe, and...more
Admitting fault is not the norm for defense counsel but, in some situations, can be the best course of action. In this article, Michael Forte explains some of the practical considerations involved in deciding whether to admit...more
Brown v. Gaydos, 2026 WL 450635 (Pa. February 18, 2026) - In this matter, the plaintiff was seriously injured while operating a skid steer. The skid steer was owned by the defendant personally, but was loaned to the...more
When winter brings ice, snow, and freezing temperatures to New Jersey, a simple walk across a parking lot or up a building’s front steps can become treacherous. Every year, thousands suffer serious injuries from...more