On October 3, 2025, the Supreme Court granted certiorari in Montgomery v. Caribe Transport II, LLC, 124 F.4th 1053 (7th Cir. 2025), taking on the question of whether federal law preempts state negligent selection claims against brokers. This marks a significant development in the ongoing circuit split over the reach of the Federal Aviation Administration Authorization Act (FAAAA) and its “safety exception.”

The Supreme Court’s review signals that much-needed clarity may soon be available for brokers, carriers, and litigants nationwide. As discussed in our earlier post, the Sixth and Ninth Circuits have allowed negligent selection claims under the safety exception, while the Seventh and Eleventh Circuits have found such claims preempted. The Court will now determine whether state-law negligence claims against brokers are barred by federal law.

This is the first time the Supreme Court is poised to directly address whether the FAAAA preempts state tort claims against freight brokers. The FAAAA’s preemption provision restricts states from enforcing laws related to broker services, with a narrow exception for safety regulations. The Court’s ruling could unify a fragmented legal landscape and reduce exposure to inconsistent state-level litigation.

For more analysis on this unfolding story, see Crowell’s commentary in Law360: High Court Broker Negligence Case ‘Pivotal’ For Trucking.

We will continue to monitor developments and provide updates as the Supreme Court’s review progresses.