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Brokers Transportation Industry Negligence

Amundsen Davis LLC

Supreme Court of the United States Agrees to Address Whether the FAAAA Preempts Negligence Claims Against Freight Brokers

Amundsen Davis LLC on

The Supreme Court of the United States will finally settle the circuit court split around the country and address whether state common law claims for negligent hiring/selection are indeed preempted by the Federal Aviation...more

Hanson Bridgett

U.S. Supreme Court Grants Cert. in FAAAA Preemption Case Involving Brokers

Hanson Bridgett on

On October 3, 2025, the U.S. Supreme Court granted plaintiff's Petition for a Writ of Certiorari in Montgomery v. Caribe Transport II, LLC, 124 F.4th 1053 (7th Cir. 2025). The Court will address the question, stated simply:...more

Haight Brown & Bonesteel LLP

California Court of Appeals Limits the Safety Exception of the Federal Aviation Administration Authorization Act of 1994 (“FAAAA”)

Across the Country, Federal and State Courts have wrestled with the interpretation of a federal statute which could preempt state common law claims against brokers, carriers and freight forwarders. The Federal Aviation...more

Hanson Bridgett

A California Court of Appeal Weighs in on FAAAA Preemption and Sets Aside Miller

Hanson Bridgett on

Transportation industry services providers (and their attorneys) have kept close watch on court decisions with respect to preemption of state law negligence claims against motor carriers and brokers. The split among circuits...more

Husch Blackwell LLP

Supreme Court Asked to Resolve Circuit Split on Broker Liability Under FAAAA Safety Exception

Husch Blackwell LLP on

Freight broker liability under the Federal Aviation Administration Authorization Act (FAAAA) is once again before the U.S. Supreme Court, with two new petitions for certiorari—Total Quality Logistics (TQL) v. Cox and...more

Hanson Bridgett

Sixth Circuit Decision Raises the Stakes for Supreme Court Review and Broker Liability

Hanson Bridgett on

The Sixth Circuit recently became the latest Court of Appeals to weigh in on whether the Federal Aviation Administration Authorization Act (FAAAA) preempts claims of negligent carrier selection under state common law for...more

Benesch

Sunshine On My Shoulder: Reptile Smiting in the Sunshine State

Benesch on

Reptile theory litigation tactics and commensurate nuclear verdicts have become a recurring problem for motor carriers, transportation brokers, and now, even shippers in high-stakes, catastrophic casualty litigation. There...more

Benesch

Two Out Of Three Ain’t Bad: The Seventh Circuit Enters a Huge Win for the Freight Brokerage Industry

Benesch on

The freight brokerage industry began humming Meat Loaf’s 1977 power ballad earlier today when the U.S. Court of Appeals for the Seventh Circuit became the third federal appellate court to consider the extent to which...more

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