05/15/2026
-- Supreme Court ruling strips broker protection linked to carrier safety --
Federal law does not automatically shield freight brokers from lawsuits alleging they hired unsafe carriers involved in accidents, the US Supreme Court ruled Thursday, a decision likely to reshape how shippers and third-party logistics providers assess carrier risk.
The unanimous decision in Montgomery v. Caribe Transport II does not make brokers liable every time a truck crashes. But it removes a major legal shield the brokerage industry has relied on for years.
The case involved a December 2017 crash in Illinois involving a Caribe Transport II truck that struck a vehicle parked on the side of the road. The accident injured Shawn Montgomery, who was forced to have one of his legs amputated. C.H. Robinson brokered the freight to Caribe.
Robinson argued that brokers arrange transportation but do not own trucks, maintain equipment, hire drivers, or operate vehicles. Because selecting a carrier is a brokerage service, the company argued that negligent hiring claims against brokers should be preempted by federal law.
But Justice Amy Coney Barrett, writing for the court, rejected that argument, allowing Montgomery’s lawsuit against Caribe and Robinson to proceed.
“Montgomery’s negligent hiring claim thus falls within the FAAAA’s [Federal Aviation Administration Authorization Act’s] safety exception, which saves it from preemption,” Barrett wrote. “The safety exception saves only a subset of preempted claims: those involving regulations concerning motor vehicle safety. State laws related to motor carrier prices, routes, and services that have no relationship to safety remain preempted [by federal law].”
The case is centered on the FAAAA, a federal law that broadly preempts state regulation of freight rates, routes and services. The question before the court was whether that preemption also blocks state law negligent hiring claims against brokers, or whether those claims survive under the law’s safety exception.
Montgomery sued C.H. Robinson, claiming the broker negligently hired Caribe, which had a “conditional” safety rating from the Federal Motor Carrier Safety Administration (FMCSA) and several violations involving driver qualification, hours of service, vehicle maintenance, and crash rates.
Lower courts sided with Robinson, stating that FAAAA blocked the claim because the law preempts state rules related to freight rates, routes and services. But the Supreme Court ruling Thursday reversed that, deciding that a broker does not have to own, drive, or repair trucks for its carrier-selection decision to involve highway safety.
“Requiring C.H. Robinson to exercise ordinary care in selecting a carrier therefore ‘concerns’ motor vehicles — most obviously, the trucks that will transport the goods,” Barrett wrote. “So, Montgomery’s negligent-hiring claim falls within the FAAAA’s safety exception.”
C.H. Robinson said it was “disappointed with the outcome [but] respects the court’s ruling.”
“While we are disappointed in the court’s decision, we will continue to operate responsibly, support stronger federal enforcement, and work constructively with regulators, carriers, and customers to strengthen the national safety system and support safe, reliable transportation across the country,” the company said in a statement.
The Transportation Intermediaries Association (TIA) said it was “deeply disappointed with the decision.”
“...The law and legal precedent for decades has given the federal government, not states, the responsibility for setting safety standards for motor carriers,” TIA said in a statement. “To date, carriers, not brokers, have been responsible for complying with these standards.”
-- Brokers can’t fall back on FMCSA registration --
Justices Brett Kavanaugh and Samuel Alito said the case was a close one, but they concurred with the unanimous opinion. Kavanaugh and Alito pointed out that motor carriers are already open to lawsuits for injuries on a state level, and rejected the idea that FMCSA registration alone ends the safety conversation for brokers.
“Given that Congress in the FAA Authorization Act sought economic deregulation — not safety deregulation — it is hard to read the statute as written and conclude that Congress subtly sliced and diced state tort law so that trucking companies would be subject to state tort suits for accidents, but brokers would operate free of any such tort liability,” they wrote.
The ruling does not impose a new checklist or instruct brokers on how to vet carriers. But it enforces an important standard of reasonable care when deciding whether a broker was negligent in hiring.
For a small carrier with clean authority and no visible problems, reasonable care may be simple. For a carrier with a conditional safety rating, a poor crash record, or repeated serious violations, reasonable care may now mean more than what the brokerage industry has historically been accustomed to.
Source: JOC
