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U.S. Supreme Court

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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SCOTUS Denies Shell’s Certiorari Petition, Leaving in Place the Ruling That Contracts for Inspecting and Repairing Lifeboats on Oil Platforms Are Maritime

On October 7, 2024, the U.S. Supreme Court denied Shell’s certiorari petition to review the Fifth Circuit’s decision, which held that a contract to inspect and repair lifeboats on an oil platform located on the Outer Continental Shelf is a maritime contract. Earnest v. Palfinger Marine USA, Inc. , 90 F.4th 804 (5th Cir. 2024).

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Saving to Suitors Clause: Understanding the Fundamentals

Under the jurisdictional statute, 28 U.S.C. § 1333(1), federal courts are granted “exclusive” jurisdiction over maritime claims. At the same time, the saving to suitors clause preserves the concurrent jurisdiction of state and federal courts. How to reconcile this conflict? Are there any other conflicts related to the saving to suitors clause? These questions are explored in this article.

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