Last week, in Montgomery v. Caribe Transport II, LLC, the Court unanimously held that state-law negligent hiring claims against freight brokers are not preempted by the Federal Aviation Administration Authorization Act (FAAAA). To learn more, please read our Client Alert Bad Match, Big Consequences: Supreme Court Holds Freight Brokers Accountable for Negligent Carrier Selection
The EU Industrial Accelerator Act Proposal’s Importance for the Automotive Industry
On March 4, 2026, the European Commission proposed the Industrial Accelerator Act (IAA), a draft regulation that aims to reverse the decline of the EU’s manufacturing sector while supporting the adoption of cleaner technologies. There are a number of implications of the proposal for the automotive industry. To learn more, please read our Client Alert
DOT Issues New Passenger Rights Disclosure Rule
The U.S. Department of Transportation (DOT) recently announced the issuance of a final rule[1], effective May 26, 2026, requiring covered air carriers[2] to prepare and submit a one-page passenger rights summary (a “Passenger Rights Summary”) addressing key disruption-related topics. The final rule implements Section 429 of the FAA Reauthorization Act of 2018.
Continue Reading DOT Issues New Passenger Rights Disclosure RuleNHTSA Holds Public National Safety Forum on Autonomous Vehicles
On March 10, the National Highway Traffic Safety Administration (NHTSA) hosted a public National Autonomous Vehicles (AV) Safety Forum, bringing together federal officials, regulators, and leading figures from the autonomous vehicle industry for a full day of discussions on safety, regulation, and the road ahead for commercial scaling of AVs.
Secretary of Transportation Sean Duffy opened the forum by characterizing the current moment as a “golden age” of innovation for autonomous vehicles, while acknowledging the need for a “Goldilocks approach” — one that avoids moving too fast at the risk of compromising safety, or moving too slowly at the risk of falling behind global competitors.
Continue Reading NHTSA Holds Public National Safety Forum on Autonomous VehiclesOn the Cutting Edge: The D.C. Auto Show’s “Public Policy Day”
Yesterday, the Washington, D.C. Auto Show held its annual “Public Policy Day” to kick off the event, which is a staple in the city each January. The conference started with a discussion by Congresswoman Debbie Dingell of Michigan’s Sixth District and Congressman Bob Latta of Ohio’s Fifth District, moderated by Thomson Reuters correspondent, Dave Shepardson. In addition to panels reflecting multiple industry perspectives, the five-hour program featured a keynote presentation by Transportation Secretary Sean Duffy that was moderated by John Bozzella, President & CEO of The Alliance for Automotive Innovation; a closing discussion by NHTSA Administrator Jonathan Morrison that was moderated by Mike Stanton, President and CEO of the National Automobile Dealers Association; and a fireside chat with Department of Energy Under Secretary Alex Fitzsimmons and others.
Continue Reading On the Cutting Edge: The D.C. Auto Show’s “Public Policy Day”Report: NHTSA’s Fall 2025 Safety Research Portfolio Public Meeting
The National Highway Traffic Safety Administration (NHTSA) hosted its Fall 2025 Safety Research Portfolio Public Meeting on November 20. See below the main topics discussed, which offer insights into the agency’s ongoing and future research initiatives aimed at improving roadway safety.
NHTSA’s Strategic Priorities
In his opening remarks, NHTSA Administrator Jonathan Morrison shared the agency’s current key priorities:
- Increase technical engagement between the automotive industry and stakeholders.
- Enhance the agency’s transparency and communication with an outward-facing approach.
- Work to bring down the average age of vehicles (currently 13 years), by making cars more affordable.
- Deter risky driving behaviors such as impaired and distracted driving.
- Improve emergency post-crash responses.
- Promote technological innovation—especially automated driving—while maintaining a focus on safety.
Caution for Global Carriers: Specific Personal Jurisdiction Expanded in Doe v. Lufthansa
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. LufthansaSupreme 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.
AAR Welcomes FRA Administrator David Fink
The Association of American Railroads (“AAR”) last week welcomed the Senate’s recent confirmation of David Fink as Administrator of the Federal Railroad Administration (“FRA”), calling it a positive step for the rail industry.
AAR’s President & CEO Ian Jefferies praised Fink as a fifth-generation railroader with deep operational experience. Before joining the FRA, Fink served
CPSC Commissioner Nominated
After months of anticipation, the Senate has received a nomination for a Commissioner of the U.S. Consumer Product Safety Commission (CPSC).
In May 2025, President Trump removed the three Democratic Commissioners, leaving the two Republican Commissioners, Dziak and Feldman. Then, on August 22, 2025, Commissioner Dziak announced his resignation, leaving Acting Chairman Feldman as the sole Commissioner.
On October 2, 2025, President Trump nominated William “Billy” Hewes, III to join Acting Chairman Feldman as a Commissioner of the CPSC.
Continue Reading CPSC Commissioner Nominated