Montgomery v. Caribe Transport II, LLC

The Federal Aviation Administration Authorization Act (FAAAA) preempts state laws “related to a price, route, or service of any motor carrier … or any motor private carrier, broker, or freight forwarder with respect to the transportation of property.” 49 U.S.C. § 14501(c)(1). It also contains an exception from preemption, known as the safety exception, that preserves “the safety regulatory authority of a State with respect to motor vehicles.” Id. § 14501(c)(2)(A).

In this case, the Supreme Court is considering the question whether claims against freight brokers based on their negligent hiring of unsafe motor carriers are preempted by the FAAAA.  We filed an amicus brief on behalf of Robert Cox, whose wife Greta was killed in a truck crash that resulted from a freight broker’s hiring of an unsafe motor carrier to transport goods, and whom we represent in a separate case.  Our brief explains that personal injury claims against freight brokers arising from the broker’s negligent hiring of an unsafe motor carrier invoke the state’s safety regulatory authority with respect to motor vehicles and therefore fall within the scope of the FAAAA’s safety exception.