Brokers Can Be Sued for Negligent Hiring After Montgomery: How Far Does the Ruling Reach?
On May 14, 2026, the U.S. Supreme Court held in Montgomery v. Caribe Transport II, LLC, 608 U.S. 219 (2026), that the Federal Aviation Administration Authorization Act (FAAAA) does not shield freight brokers from state-law claims alleging that they negligently hired a motor carrier that posed a danger to highway safety. Five months on, lower courts are testing the decision’s limits. This article examines the decision itself and then analyzes how the lower courts have approached its reach: whether it saves claims arising from cargo theft and loss, and whether it extends to claims other than negligent hiring and to defendants other than brokers, such as shippers.
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