A unanimous Supreme Court ruled on May 14 in Montgomery v. Caribe Transport II that federal law does not shield freight brokers from state lawsuits claiming they negligently hired dangerous motor carriers. The Court ruled that such “negligent hiring” claims fall under the “safety exception” of the Federal Aviation Administration Authorization Act (FAAAA). They determined that requiring a broker to use ordinary care in selecting a motor carrier directly concerns motor vehicle safety. Because of this, state-law negligence claims can proceed and are not preempted.
Freight brokers are now directly exposed to substantial tort liability for the carriers they hire. They face pressure to dramatically improve their carrier-vetting processes and safety evaluations to avoid “negligent selection” lawsuits. The legal shift is expected to increase insurance and overall transportation costs, as the industry navigates a state-by-state patchwork of negligence standards instead of a single, uniform federal liability shield.
Let Messa Law Fight for the Justice You Need
The attorneys at Messa Law have secured substantial recoveries for clients in Pennsylvania and across the nation. We do not prepare cases to settle them. When we take a case involving a catastrophic injury, we do so with the intent to win at trial.
We understand the Philadelphia court system and the rigorous demands of Pennsylvania medical statutes. If you are living with the results of medical malpractice, you need a law firm that takes pride in providing professional, results-oriented service.
If you or someone you love has suffered a catastrophic injury due to medical negligence, contact Messa Law today at Call Now for a free consultation and discuss your case with a professional who understands how to hold negligent medical providers accountable.
