Preemption -- active



Montgomery v. Caribe Transport II, LLC, et al.   (U.S. Supreme Court)

Preemption of state tort claims against freight brokers

On July 7, 2025, the NAM filed an amicus brief in support of C.H. Robinson in a case involving the trial bar’s attempt to hold CHR liable for a motorist’s injuries following a trucking accident under a negligent hiring theory. For many years, the trial bar has targeted such claims against freight brokers and shippers despite the 1994 Federal Aviation Administration Authorization Act which prevents states from undermining federal deregulation of interstate commerce through a patchwork of state laws, including state tort suits. Although most circuit courts to consider the issue have agreed that the FAAAA preempts state tort suits, the 9th Circuit has split and allowed such suits to proceed. Our brief urges the U.S. Supreme Court to decide the issue definitively, emphasizing the need for efficient domestic supply chains to support President Trump's agenda.


Related Documents:
NAM brief  (July 7, 2025)