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ARTICLE · 14 MAY 2026

One Battle After Another: Freight Brokers In A Post-Montgomery World

Benesch, Friedlander, Coplan & Aronoff LLP
Benesch, Friedlander, Coplan & Aronoff LLP
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The Supreme Court's landmark decision in Montgomery v. Caribe Transport II, LLC fundamentally reshapes liability exposure for freight brokers nationwide by ruling that negligence claims for hiring unsafe motor carriers are not preempted by federal law. This decision eliminates a critical legal defense that brokers had relied upon in many jurisdictions, potentially exposing the industry to increased litigation and higher insurance costs.

United StatesLitigation, Mediation & Arbitration
Marc S. Blubaugh
Marc S. Blubaugh
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Key Takeaways

  • The Supreme Court’s decision in Montgomery v. Caribe Transport II, LLC allows negligence claims against freight brokers for hiring unsafe motor carriers to proceed under state law, ruling that such claims are not preempted by the Federal Aviation Administration Authorization Act due to its “safety exception.”
  • This ruling exposes freight brokers nationwide to increased litigation risk and potential liability for personal injuries linked to carrier selection, removing a key federal defense and likely driving up insurance costs and settlement values.
  • Freight brokers can prepare by reviewing and strengthening their carrier selection policies, ensuring thorough documentation and staff training, and consulting with insurers and legal counsel to develop defensible practices for demonstrating reasonable care in hiring motor carriers.

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