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The NAM filed an amicus brief to argue that the 9th Circuit should hold that businesses that hire independent trucking companies to transport goods are not liable for the negligent acts of those independent truckers. An individual was injured in a traffic collision involving a trucking company hired by a freight broker. The injured person argued that the broker was negligent in selecting the trucking company because it knew or should have know about the company’s prior regulatory infractions. The freight broker responded that the hiring directly concerns the services a freight broker provides under the Federal Aviation Administration Authorization Act of 1994 (FAAAA), and therefore preempts state law, including state common law for negligence. The district court agreed. On appeal to the 9th Circuit, the NAM’s amicus brief that explained the careful balance that congress struck in regulating drivers under the Act, and why the plaintiffs’ theory of liability is unworkable in practice. Unfortunately, on September 28, 2020, the Ninth Circuit reversed the district court's holding, narrowing the federal preemption of state laws that regulate trucking.