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SCOTUS: Freight Brokers Can Be Sued for Picking Unsafe Trucking Companies

On May 14, 2026, the Supreme Court ruled 9-0 in Montgomery v. Caribe Transport II that the FAAAA's safety exception (49 U.S.C. 14501(c)(2)(A)) preserves state negligent-hiring claims against freight brokers, ending a common preemption defense. A broker that arranged a load along a Louisiana or east Texas corridor like I-10, I-20, or I-49 can now be named as a defendant for picking an unsafe carrier.

Last reviewed: May 18, 2026

What the Supreme Court Did on May 14, 2026

For years, freight brokers killed negligent-hiring claims at the motion-to-dismiss stage by arguing the FAAAA preempted them. That argument is dead.

The Preemption Shield That Just Fell

In Montgomery v. Caribe Transport II, LLC, the Supreme Court ruled 9-0 that the FAAAA’s safety exception, the carve-out at 49 U.S.C. sec. 14501(c)(2)(A) preserving state authority over motor vehicles, covers the exact negligent-hiring claim brokers had been defeating. Picking who drives an 80,000-pound truck down I-10 is a safety decision.

Why This Matters on I-10, I-20, and I-49

If the broker that arranged the load skipped the safety check, ignored bad CSA scores, or ignored a revoked authority, that broker is now a defendant. In a corridor this dependent on brokered freight, that is a new layer of accountability over every interstate in Louisiana and east Texas. You can pull a carrier’s record from the CSA Safety Measurement System in seconds.