FAAAA Preemption and Broker Liability: Repercussions from the Ruling in Montgomery

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Montgomery v. Caribe Transport II, LLC, is a case more than a decade in the making. When the Supreme Court granted certiorari, it accepted review of a question that has evenly divided the federal courts of appeals: whether a state common-law negligent-selection claim against a freight broker is preempted by the Federal Aviation Administration Authorization Act of 1994 (FAAAA), 49 U.S.C. §14501(c)(1), or saved by the statute’s safety exception in § 14501(c)(2)(A)….
By: Chartwell Law
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