News & Analysis as of

Motor Carriers Supreme Court of the United States Federal Aviation Administration Authorization Act of 1994 (FAAAA)

Marshall Dennehey

U.S. Supreme Court to Decide Key Issue Regarding Freight Broker Liability

Marshall Dennehey on

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...more

Benesch

Every Victory is a New Beginning: U.S. Supreme Court Agrees to Consider Freight Broker Liability

Benesch on

On Friday, October 3, 2025, the United States Supreme Court announced that it will provide vital guidance regarding the extent to which freight brokers are liable for alleged negligence in selecting motor carriers that...more

Steptoe & Johnson PLLC

Supreme Court to Navigate Preemption for Freight Broker Negligent Selection Claims

Steptoe & Johnson PLLC on

The Supreme Court has granted certiorari review in Montgomery v. Caribe Transport II, LLC, 124 F.4th 1053 (7th Cir.), cert. granted, No. 24-1238, (U.S. Oct. 3, 2025), to resolve a split among the circuits regarding whether a...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

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

Jackson Lewis P.C.

U.S. Supreme Court Declines Review of AB 5

Jackson Lewis P.C. on

In April 2021, the 9th Circuit panel held that the application of California Assembly Bill 5 (AB 5) to motor carriers is not preempted by the Federal Aviation Administration Authorization Act of 1994 (FAAAA). Under AB 5, the...more

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