The federal circuits courts are divided on application of the Federal Aviation Administration Authorization Act of 1994 (FAAAA). Some circuits have concluded that state law negligent hiring or supervision claims against freight brokers for personal injuries or deaths caused by commercial motor carriers are pre-empted by the FAAAA. Other circuits have concluded that the FAAAA’s safety exception applies and, therefore, the FAAAA’s pre-emption is not applicable….
By: Marshall Dennehey
By: Marshall Dennehey