Supreme Court Asked to Resolve Circuit Split on Broker Liability Under FAAAA Safety Exception

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 Montgomery v. Caribe II—seeking clarity on whether negligent hiring claims against brokers are preempted by federal law or preserved by the FAAAA’s “safety exception.” The issue is critical for the transportation industry, as conflicting appellate decisions have produced a patchwork…
By: Husch Blackwell LLP