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Supreme Court Eliminates Broker Shield Against Negligent-Hiring Lawsuits

The U.S. Supreme Court ruled that freight brokers cannot use federal law as a defense against negligent-hiring claims. Justice Amy Coney Barrett authored the majority opinion, with Justice Brett Kavanaugh and Justice Samuel Alito filing a concurrence stating the case was closer than the majority suggested. The decision allows Shawn Montgomery, a driver who lost his leg in an Illinois accident involving a Mack Truck, to pursue his negligent-hiring claim against a freight broker. The Federal Aviation Administration Authorization Act preserves states' authority to regulate motor vehicle safety. Courts determined that negligent-hiring claims against brokers concern motor vehicles because they directly relate to carrier selection and the trucks used in transportation. The ruling invalidates the freight brokerage industry's federal preemption defense while maintaining preemption protections for claims unrelated to safety.