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Supreme Court Holds That State-Law Negligent Hiring Claims Against Transportation Brokers Are Not Preempted by the Federal Aviation Administration Authorization Act

By Julie Maurer, Aaron Schepler & Joseph Baratta on May 14, 2026
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SCOTUS

The Court’s unanimous ruling in Montgomery v. Caribe Transport II, LLC issued today resolves a split among circuit courts of appeal and is a significant development for the trucking industry, injured parties, and the thousands of brokers who arrange transportation for freight shipped nationwide.

To learn more about the specifics of the ruling and what it means for brokers and the industry at large, we encourage you to read the full legal update.

Photo of Julie Maurer Julie Maurer

With a career-long emphasis on supply chain and complex commercial litigation issues, Julie provides a full suite of legal services to clients, with a special focus upon the transportation, cargo, and logistics industries. With 20+ years as a transportation logistics attorney and litigator…

With a career-long emphasis on supply chain and complex commercial litigation issues, Julie provides a full suite of legal services to clients, with a special focus upon the transportation, cargo, and logistics industries. With 20+ years as a transportation logistics attorney and litigator, Julie handles all legal matters for transportation/transportation-adjacent companies, including contract drafting and analysis, day-to-day legal consultations, regulatory advice, and complex litigation, often involving lost, damaged, or delayed cargo.

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Aaron Schepler

Aaron defends clients—particularly those in the transportation and logistics sectors—in complex commercial litigation. A litigator for more than 20 years, Aaron focuses much of his practice on transportation, cargo, and logistics cases, including freight loss and damage claims, liability involving autonomous vehicles or…

Aaron defends clients—particularly those in the transportation and logistics sectors—in complex commercial litigation. A litigator for more than 20 years, Aaron focuses much of his practice on transportation, cargo, and logistics cases, including freight loss and damage claims, liability involving autonomous vehicles or driverless cars, and matters related to tariff and transportation charge collections. He also represents clients in general commercial litigation, such as breach-of-contract, franchise, and shareholder and partner disputes, as well as professional liability litigation. In addition, Aaron defends public entities in a variety of matters.

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Photo of Joseph Baratta Joseph Baratta

Joseph represents clients in the transportation, cargo, and logistics sectors in a variety of complex litigation. He represents shippers, carriers, brokers, and intermediaries in a variety of matters, particularly cargo loss and damage, as well as occasional fraud claims. Joseph works regularly with…

Joseph represents clients in the transportation, cargo, and logistics sectors in a variety of complex litigation. He represents shippers, carriers, brokers, and intermediaries in a variety of matters, particularly cargo loss and damage, as well as occasional fraud claims. Joseph works regularly with the Carmack Amendment and the liability limitations it establishes, as well as the Federal Aviation Administration Authorization Act (FAAAA) and Carriage of Goods by Sea Act (COGSA), and he practices in federal courts across the country. In addition to his litigation work, Joseph also advises clients on various transportation agreements, such as broker carrier agreements and those with third party logistics providers.

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  • Posted in:
    Business and Commercial
  • Blog:
    International Trade Insights
  • Organization:
    Husch Blackwell LLP
  • Article: View Original Source

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