May 20, 2026
On May 14, 2026, the Supreme Court delivered a unanimous decision that negligent selection claims against brokers are no longer preempted by federal law. In the 9-0 decision for Montgomery v. Caribe Transport II, LLC, the Supreme Court held that the Federal Aviation Administration Authorization Act’s (FAAAA) safety exception preserves state law negligent selection claims against brokers. The provision, which had previously served as a shield for brokers, will no longer block state law claims alleging that a broker selected a carrier it knew was unsafe.
The decision means that brokers can now be sued in state court for negligently selecting unsafe carriers. Without preemption, brokers are likely to be targeted by the plaintiff’s bar, and will continue to be named in truck accident lawsuits, likely more than before the ruling. Brokers will also need to defend cases on merits and produce brokers’ carrier selection files, internal communications, hiring practices and other vetting processes.
Following the ruling, we recommend that all brokers take a closer look at their carrier vetting and selection procedures and make changes as necessary, including actively reviewing safety records, qualification logs, and crash histories before booking a carrier. Brokers should also maintain detailed records of these procedures in order to avoid any documentation gaps, as we anticipate that any missing information will be highlighted in trial.
If you have any questions regarding this decision and its potential implications, please contact Michael Judy at 816-714-3031 or mjudy@dysarttaylor.com.