The Safety Exception After Montgomery v. Caribe Transport II, LLC: Which Claims Escape FAAAA Preemption?
On May 14, 2026, the U.S. Supreme Court held in Montgomery v. Caribe Transport II, LLC, 608 U.S. 219 (2026), that the safety exception of the Federal Aviation Administration Authorization Act of 1994 (FAAAA) saves state-law claims against brokers alleging that they negligently hired a motor carrier that posed a danger to motor vehicle safety. Five months on, lower courts are applying Montgomery’s interpretation of the FAAAA’s safety exception. This article examines the decision itself and then analyzes how lower courts have applied that interpretation: whether the safety exception saves claims arising from cargo theft and loss, and whether it reaches claims other than negligent hiring and defendants other than brokers, such as shippers.
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