The Supreme Court handed down a unanimous decision in Shawn Montgomery v. Caribe Transport II that keeps state negligent-hiring claims alive against freight brokers, shifting the balance toward local accountability and away from an absolute federal shield. The ruling says the FAAAA’s safety exception preserves state authority to pursue common-law claims when brokers’ choices threaten highway safety. That outcome could reshape how brokers, carriers, and regulators think about responsibility after deadly or life-altering crashes.
In December 2017, Shawn Montgomery’s pickup was rear-ended while he sat on the interstate shoulder in Illinois, a collision that left him with catastrophic injuries and the loss of a leg. Montgomery sued the truck driver, the carrier, and the freight broker, arguing the broker’s negligent hiring and oversight enabled an unsafe carrier to operate. The case landed at the Supreme Court because the broker claimed federal law blocked state tort claims.
C.H. Robinson argued the Federal Aviation Administration Authorization Act, or FAAAA, pre-empted Montgomery’s claim, saying a single federal framework is essential for consistent regulation. A company spokesperson had warned that “a single, uniform federal framework” is vital for road safety, while “a patchwork of state tort laws” would ultimately “undermine that system.” That federal-versus-state fight over regulation and liability was the heart of the dispute.
After oral arguments, the high court made its position clear. The majority, authored by Justice Amy Coney Barrett, wrote, “Montgomery’s negligent-hiring claim thus falls within the FAAAA’s safety exception, which saves it from preemption.” The opinion continued, “Even if the FAAAA otherwise preempts Montgomery’s negligent hiring claim against C.H. Robinson, the safety exception saves it. The relevant text provides that the FAAAA’s preemption provision ‘shall not restrict the safety regulatory authority of a State with respect to motor vehicles,’” and that language proved decisive.
Attorney Rena Leizerman, who represented Montgomery, hailed the ruling in blunt terms, saying, “Today’s unanimous decision is a landmark victory for road safety and for every family that has suffered the devastating consequences of negligent freight brokering practices. The Court reaffirmed that bad actors cannot escape responsibility for the harm they cause.” That sentiment captures why many plaintiffs and Main Street trucking allies pushed hard for this outcome.
C.H. Robinson expressed disappointment, but framed its stance around continued efforts to promote industry safety. Dorothy Capers, the company’s chief legal officer, said, “Our hearts continue to go out to the victims of truck accidents. Safety is foundational to who we are — our employees and their families travel these same roads, and our business depends on safe freight delivery. 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 Court’s ruling came with a note of caution from some justices. As Justices Kavanaugh and Alito stated in the concurrence, ‘Importantly, the Court’s decision today should not be read to mean that brokers will routinely be subject to state tort liability in the wake of truck accidents,’ signaling that not every accident will produce broker liability but that the safety exception remains a real pathway for claims.
Industry groups and legal experts reacted quickly, with American Truckers United calling the ruling a providential win and urging accountability on the road. “This ruling clearly recognizes that highway safety demands full accountability from every participant on our nation’s roadways,” the group said. “For years, an unfair ecosystem was allowed to flourish because certain profiteers operated behind a shield of presumed immunity. This imbalance pitted Main Street trucking companies against Wall Street freight brokers, undermining fair competition, costing countless American trucking jobs, devastating responsible trucking companies, and contributing to an untold number of preventable deaths on our highways.”
Practitioners who study brokerage liability warned the decision will change the incentives for brokers and carriers. Louie Cook said he is “grateful” for the ruling and that it will “act as a safeguard to highway safety, critical American infrastructure, and ensure a fair playing field in the transportation industry.” He added, “This is part of what makes our country special, that one man named Shawn Montgomery through conviction of right and wrong can make the world a better place,” and noted, “This ruling means that families all across the country will finally have the opportunity to hold the main benefactors of chameleon carriers accountable.”
