The Ninth Circuit’s opinion in Doe v. Lufthansa expands district courts’ jurisdiction over foreign airlines. The plaintiffs, a married same-sex couple, booked round-trip flights from Saudi Arabia to San Francisco through Lufthansa, headquartered in Germany but regularly operating flights in and out of California. The plaintiffs allege that Lufthansa staff in Saudi Arabia singled out the couple’s marital status, demanded personal documents, and disclosed their relationship to Saudi authorities, creating grave risks in a country where same-sex relationships are criminalized. The couple brought claims for breach of contract, invasion of privacy, and emotional distress in California. The district court initially dismissed the suit for lack of personal jurisdiction, reasoning that the conduct alleged occurred abroad.Continue Reading Caution for Global Carriers: Specific Personal Jurisdiction Expanded in Doe v. Lufthansa
Supreme Court Puts the Brakes on Preemption Uncertainty
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.Continue Reading Supreme Court Puts the Brakes on Preemption Uncertainty
Supreme Court Asked to Resolve Circuit Split on Freight Broker Liability
A recent Supreme Court petition in Montgomery v. Caribe Transport II LLC et al. seeks to resolve a deepening circuit split over whether state-law negligence claims against freight brokers are preempted by the Federal Aviation Administration Authorization Act (FAAAA). While courts broadly agree that the FAAAA preempts state laws “relating to a price, route, or service of any motor carrier,” they diverge on whether the statute’s “safety exception” —which provides in relevant part that the FAAAA “shall not restrict the safety regulatory authority of a State with respect to motor vehicles”—permits claims for negligent hiring or selection against brokers.Continue Reading Supreme Court Asked to Resolve Circuit Split on Freight Broker Liability
Trump v. Casa: Universal Injunctions and the Class Action Loophole
On June 27, in Trump v. Casa, the Supreme Court held that federal courts lack equitable authority to issue “nationwide”—or, using the Court’s preferred parlance, “universal”—injunctions. To learn more, please read our Client Alert Trump v. Casa: Nationwide Injunctions And The Class Action Loophole.
Senate Committee Holds Confirmation Hearing for FRA Administrator Nominee David Fink
On May 13, 2025, the Senate Committee on Commerce, Science, and Transportation held a confirmation hearing for David Fink, nominee for Administrator of the Federal Railroad Administration (FRA). Led by Senator Ted Cruz, the hearing spanned two hours and focused on Fink’s industry background, safety record, and priorities for the FRA.Continue Reading Senate Committee Holds Confirmation Hearing for FRA Administrator Nominee David Fink
Upcoming FRA Nomination Hearing
On May 13, 2025, at 10:00 AM ET, the Senate Committee on Commerce, Science, and Transportation, chaired by U.S. Senator Ted Cruz, will hold a nominations hearing that will address key nominations for the Federal Railroad Administration (FRA), Amtrak’s Board of Directors, and the Department of Commerce. Among the nominees is David Fink, who has
Rail Derailment Trial Update: Jury Finds GATX Not Liable
On Wednesday, April 23, an Ohio jury decided that GATX is off the hook for helping Norfolk Southern (NS) pay for the $600 million settlement with residents of East Palestine.
This case stemmed from a $600 million settlement tied to the NS derailment in East Palestine, Ohio. While OxyVinyls already settled, the jury was left
Rail Derailment Trial Update: GATX and OxyVinyls Say “Case Closed”
Norfolk Southern (NS) rested its case on April 11. Both GATX and OxyVinyls have now moved for judgment as a matter of law.Continue Reading Rail Derailment Trial Update: GATX and OxyVinyls Say “Case Closed”
Rail Derailment Trial Kicks Off: Who Pays For East Palestine?
A high-stakes jury trial is underway in Ohio federal court to determine whether GATX and OxyVinyls should reimburse Norfolk Southern (NS) for some or all of a $600 million class-action settlement tied to the 2023 East Palestine derailment.
The Backstory
- In April 2024, NS agreed to the class payout after months of litigation over the derailment that led to chemical fires and allegations of widespread community harm. NS brought OxyVinyls and GATX into that mass litigation before it settled with the plaintiff class. Now, NS wants GATX (owner of the tank car with the failed wheel bearing) and OxyVinyls (shipper of the chemicals) to foot the bill.
Continue Reading Rail Derailment Trial Kicks Off: Who Pays For East Palestine?