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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

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

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In May 2025, the Trump Administration, asserting Executive authority, terminated the three Democratic Commissioners of the Consumer Product Safety Commission. On June 13, 2025, a Maryland district court aborted the without-cause termination while a legal challenge proceeds, leaving the Commissioners in place. No longer.Continue Reading Commission in Limbo: SCOTUS Decision Puts CPSC Democrats Back Out of Action

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.

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On June 5, 2025, the United States Supreme Court dismissed as improvidently granted the petition for writ of certiorari in Laboratory Corporation of America Holdings, dba Labcorp, v. Luke Davis, et al., No. 22-55873. As a result of the Court’s dismissal, a federal circuit split on the inclusion of uninjured class members in Rule…

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On April 29, 2025, the U.S. Supreme Court heard oral argument about whether federal courts may certify a Rule 23(b)(3) class seeking damages when some of the class members lack Article III injury. To learn more, please read our Client Alert Supreme Court Hears Argument About Uninjured Class Members and for more background information, please…

On April 2, 2025, the U.S. Supreme Court extended the reach of Section 1964(c) of the Racketeer Influenced and Corrupt Organizations (RICO) Act by holding that a plaintiff may seek treble damages for a business or property loss resulting from a personal injury. To learn more, please read our Client Alert From Capone to Corporations:…