Is Congress the Next Stop for Freight Brokers After Montgomery v. Caribe Transport II Held No Preemption?

In Montgomery v. Caribe Transport II, LLC, No. 24-1238 (U.S. May 14, 2026), the Supreme Court held that a claim that a freight broker negligently hired a motor carrier to transport goods falls within the safety exception to preemption under the Federal Aviation Administration Authorization Act (FAAAA), 49 U.S.C. § 14501(c). Justice Barrett delivered the unanimous opinion of the Court. Justice Kavanaugh issued a concurring opinion, which was joined by Justice Alito. Slip Op. at 1.

The Court assumed without deciding that § 14501(c)(1) would otherwise preempt the plaintiff’s negligent hiring claim and focused on the text of the safety exception, which provides that preemption “shall not restrict the safety regulatory authority of a State with respect to motor vehicles.” Slip Op. at 4 (citing § 14501(c)(2)(A)). The Court interpreted a claim “with respect to motor vehicles” as one that “concerns” or “regards” vehicles used in transportation and concluded that requiring the defendant freight broker C.H. Robinson to exercise ordinary care in selecting a motor carrier concerns motor vehicles such that the plaintiff’s negligent hiring claim fell within the safety exception. Slip Op. at 4-5. The Court conceded that it is not obvious why Congress included a safety exception in § 14501(c) relating to interstate commerce but not in § 14501(b) relating to intrastate commerce, but it concluded that the text of § 14501(c)(2)(A) controlled and that it would “live with the mystery” rather than rewrite the statute. Slip Op. at 7.

In the concurrence, Justice Kavanaugh reviewed conflicting contextual considerations and opined that the case was closer than suggested by the Court’s opinion. Justice Kavanaugh stressed that the case should not be read to mean that freight brokers routinely will be subject to state tort liability if they have acted reasonably and arranged transportation with reputable companies. Justice Kavanaugh further suggested that the proximate cause requirement should protect freight brokers. Justice Kavanaugh concluded that C.H. Robinson and its amici raised serious concerns that may be addressed by Congress or the President but that for now, federal law does not preempt state tort liability against freight brokers for negligent selection of motor carriers. Slip Op. at 2-6.

Please contact the authors if you have any questions regarding this alert or any other trucking law issues.