Supreme Court Paves Way for Negligent Hiring Claims Against Freight Brokers, Published in Attorney at Law Magazine

In an article published on June 4 in Attorney at Law Magazine, Segal McCambridge Of Counsel William Tracy Freeman breaks down a unanimous U.S. Supreme Court decision that expands negligent hiring and negligent selection claims against freight brokers in safety-related cases. The article explains what the holding means for brokers, carriers, and defense teams as early motion practice, discovery, and case framing evolve. 

“I agree that the [FAAAA] does not preempt state court suits against brokers who negligently arrange truck transportation with an unsafe carrier,” Freeman explains. “The Court held that brokers can be sued in state or federal court under a denoted exception to the Federal Aviation Administration Authorization Act’s (“FAAAA”) preemption clause, that is, claims that concern safety in the transportation of goods.” 

The article outlines why plaintiffs are likely to name brokers as standard defendants in serious-injury trucking cases and what that means for liability allocation and proximate cause arguments. It also flags practical implications for defense alignment, where finger pointing among defendants can benefit plaintiffs. 

“The safety exception saves only a subset of preempted claims: those involving regulations concerning motor vehicle safety,” writes Freeman. “State law claims against brokers concerning pricing, routing, cargo loss, freight damage, or delay should remain preempted.” 

Read the article in full, click here.