News & Analysis as of

Transportation Industry

Kennedys

SCOTUS rejects FAAAA shield for freight brokers

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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

Jackson Lewis P.C.

DOT Stance Firm: Medical Marijuana Does Not Excuse Positive Drug Test Results

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The Department of Transportation’s Office of Drug and Alcohol Policy and Compliance published answers on May 15, 2026, regarding the rescheduling of certain medical marijuana products to Schedule III of the Controlled...more

McCarter & English, LLP

Supreme Court Expands Freight Broker Liability for Negligent Hiring

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

Cozen O'Connor

Texas Supreme Court Rules in Favor of Passive Shippers in In re Home Depot

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In In re Home Depot U.S.A., Inc, the Supreme Court of Texas held that a “passive shipper” (a customer that simply engages a federally regulated motor carrier to transport ordinary goods) does not owe a legal duty of care to...more

Benesch

One Battle After Another: Freight Brokers in a Post-Montgomery World

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On May 14, 2026, the Supreme Court of the United States issued its anticipated decision in Montgomery v. Caribe Transport II, LLC, sending shockwaves across the transportation industry....more

Husch Blackwell LLP

No Upgrades Required: Texas Shields Lessors from Retrofit Claims

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Texas made a targeted amendment to one of its key products liability statutes governing the rental and leasing of motor vehicles. The Texas Legislature recently amended Section 82.009 of the Texas Civil Practice and Remedies...more

Steptoe & Johnson PLLC

Is Congress the Next Stop for Freight Brokers After Montgomery v. Caribe Transport II Held No Preemption?

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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

Cozen O'Connor

SCOTUS Paves the Way for Freight Broker Liability

Cozen O'Connor on

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

Goldberg Segalla

U.S. Supreme Court Interprets “Safety Exception” Within the Federal Aviation Administration Authorization Act (FAAAA) To Save...

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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

BakerHostetler

The Weekly Hill Update - May 2026 #2

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Below is this week’s congressional update by BakerHostetler’s Federal Policy team. We’ll continue to post in weeks when both chambers of Congress are in session....more

Weber Gallagher Simpson Stapleton Fires &...

A New Risk Landscape: Supreme Court Expands Freight Broker Exposure Under the FAAAA

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

Mayer Brown

Brasília em Pauta - Edição Nº 239

Mayer Brown on

Prezados e prezadas, O “Brasília em Pauta” é um boletim semanal preparado pela equipe de Contencioso de Brasília, contendo os principais casos a serem julgados pelo Supremo Tribunal Federal (STF), Superior Tribunal de...more

Hogan Lovells

Bidirectional charging (V2X): Driving energy security and system flexibility in a volatile world

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As electricity systems face growing volatility and capacity constraints, bidirectional charging (V2X) is coming forward as a source of flexibility and resilience. By allowing electric vehicles to feed energy back into homes,...more

White & Case LLP

Sweden proposes national action plan for sustainable aviation and maritime fuels

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On 8 May 2026, the Swedish Government received the final report of its inquiry into promoting the availability of sustainable, fossil-free and low-carbon fuels for aviation and maritime transport in Sweden (the “Report”). ...more

Seyfarth Shaw LLP

Commercial Driver's License Compliance Clash: Court Rulings, State Crackdowns, and Federal Enforcement

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A fast-moving clash between federal regulators, state motor vehicle agencies, and the courts is reshaping who can legally hold and keep a non-domiciled commercial driver’s license (“CDL”). As California’s court-ordered...more

A&O Shearman

European Commission holds back aviation relief amid Middle East crisis

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Recently, the joint Boards of Airline Representatives (BARs) across Europe expressed their concerns to the European Commission about the escalating impact of the Middle East crisis. Despite the operational challenges raised...more

Morgan Lewis

Impacts on the Aviation Market of the War in Iran

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The closure of the Strait of Hormuz has triggered a global jet fuel crisis that is putting heavy strain on the airline industry and causing cancelled flights, longer detours, and rising fares. Legal and business consequences...more

Benesch

FMCSA’s New Motus System: What Every USDOT-Registered Entity Needs To Know And Do Before May 14th

Benesch on

Federal registration for motor carriers, freight brokers, and surface freight forwarders is getting its biggest makeover in decades. The Federal Motor Carrier Safety Administration (“FMCSA”) is retiring its current,...more

Hogan Lovells

At long last, FAA proposes rule restricting drone operations over critical infrastructure

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At Congress’s direction, the Federal Aviation Administration (FAA) is giving critical infrastructure operators a new tool to keep rogue unmanned aircraft systems (UAS or drones) away from their facilities. In a newly released...more

Polsinelli

Beyond the Pump: The Iran War’s Adverse Impact on U.S. Health Care

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Key Takeaways - The closure of the Strait of Hormuz following the U.S.-Iran conflict is disrupting global health care supply chains and increasing costs for critical medical products....more

Roetzel & Andress

Spirit Airlines and the Limits of Chapter 11 Reorganization

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The recent shutdown of Spirit Airlines during its Chapter 11 reorganization process is a demonstration of both the benefits and pitfalls of Chapter 11 restructuring. Chapter 11 gives a respite from prior debt and the ability...more

Cozen O'Connor

Air Travel Offers and the U.S. Department of Transportation: A Primer for Sellers

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When Congress deregulated the U.S. domestic airline industry in 1978, it included a provision in the law to prevent individual states from undoing, through their own regulation, that which Congress sought to achieve at the...more

Opportune LLP

IEA 2026 Global Energy Review: Strategic Implications for…

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Global energy demand is no longer moving in unison, as structural slowing in advanced economies clashes with resilient, feedstock-driven growth in the U.S. and emerging markets. Global energy demand grew by approximately...more

Pillsbury - Gravel2Gavel Construction & Real...

Micromobility in Smart Cities: Keeping the Wheels in Motion

Mobility is the lifeblood of any city. How people are able to travel in, out and within a metropolitan area is vital to its citizens, businesses, supply chains and social services. And as U.S. cities have expanded in size and...more

Hughes Hubbard & Reed LLP

US Tax Consequences of the Jones Act Waiver

On April 24, U.S. Customs and Border Protection extended a limited waiver of the Jones Act that had originally been granted on March 19. As a result of the waiver, non-U.S. flagged vessels are permitted to transport certain...more

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