The Supreme Court Just Opened a Door the Trucking

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The Supreme Court Just Opened a Door the Trucking | Political News

The security of America’s roadways has raised issues in current years, including stories of deadly accidents involving overseas truck drivers, in the wake of years of lax regulation of unlawful immigrants receiving industrial driver’s licenses (CDLs) under the Biden administration. While not every incident has led to deaths, some victims and their households have taken to court the brokers who pay trucking corporations to haul their freight.






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A ruling issued by the Supreme Court on Thursday would possibly lead to stricter requirements within the industry:

In Montgomery v. Caribe Transport II LLC, the Court ruled that freight brokers might be held liable:

Here’s what we all know about the Court’s resolution:

The U.S. Supreme Court ruled unanimously Thursday that freight brokers accused of hiring unsafe trucking corporations could be sued after lethal crashes, a resolution that may reshape accountability across the trucking industry.

In Montgomery v. Caribe Transport II, LLC, the Supreme Court ruled that federal law doesn’t block state lawsuits against freight brokers that organize shipments with trucking corporations concerned in crashes.

At issue was the Federal Aviation Administration Authorization Act, or FAAAA, a federal deregulation law that the trucking industry has long argued protects brokers from legal responsibility in state courts.

Justice Amy Coney Barrett, writing for a unanimous court, said states still have the authority to regulate security involving motor automobiles.

“A claim that one company negligently hired another to transport goods is not preempted by the FAAAA because States retain authority to regulate safety ‘with respect to motor vehicles’ under the Act,” Barrett wrote.





Justice Kavanaugh authored a concurring opinion, joined by Justice Alito:

Justice Brett Kavanaugh, joined by Justice Samuel Alito, wrote individually to say the case was “close,” but concluded Congress didn’t clearly remove those state-law claims. Kavanaugh acknowledged brokers’ issues that elevated litigation and insurance coverage prices may ripple through the economic system, but said the law still permits those lawsuits to proceed.

The case concerned an accident in 2017, and the ensuing lawsuit a man who suffered severe accidents filed against the freight broker:

The case grew out of a 2017 crash in Illinois in which Shawn Montgomery misplaced half of his leg after a semi-truck struck his parked tractor-trailer. Montgomery sued freight broker C.H. Robinson, alleging the company negligently employed Caribe Transport despite security issues tied to the provider.

The Supreme Court reversed a decrease court ruling that had dismissed the declare.

The resolution may have broad implications across the trucking industry as households concerned in lethal crashes more and more argue brokers ought to share accountability when they rent carriers with histories of security violations.

SiriusXM podcaster “The Dr. Phil of Trucking” offered a helpful breakdown on what he thought-about the good, the unhealthy, and the ugly from the SCOTUS ruling for the industry:





🚨 SCOTUS just shook freight to its core.

Today the Supreme Court ruled 9-0 in Montgomery v. Caribe Transport II, LLC… and with one resolution, the guidelines of broker legal responsibility just modified.

Translation?

If you rent the truck……and that truck ought to’ve never been employed……and someone will get damage…

You might now get sued.

Full stop.

Here’s the GOOD, BAD, and UGLY of what just hit freight:

✅ THE GOOD secure carriers finally have leverage. 

Clean inspections.

Clean security data.

Real compliance.

Real upkeep.

“Cheapest truck wins” just took a punch to the mouth.

⚠️ THE BAD small carriers with a blemish?Brokers might go.

One previous crash.

One messy inspection.

One paperwork issue.

Could now value you freight.

💀 THE UGLY Every broker electronic mail…Every provider setup…Every “just cover the load” dialog…

Could now turn out to be courtroom evidence.

Insurance will get tighter.Contracts get nastier.Plaintiff attorneys just discovered deeper pockets.

My sizzling take?

This might do more to clean up trucking than 10 years of enforcement…

Or…

It might squeeze the little man more durable than ever.

Brokers…Carriers…Shippers…Insurers…

Are we about to see safer freight…

Or the greatest consolidation wave trucking has ever seen?

👇 I would like the real people of trucking weighing in.

Who wins?

Who will get crushed?

Who’s next?

My guess…Shipper accountability  is coming!!!

pay up!





With the Supreme Court weighing in, as the WFAA-TV reporting linked above notes, the case will go back to decrease courts for proceedings constant with the opinion, but the resolution will impression litigation nationwide, since it removes the freight brokerage industry’s federal preemption protection:

The resolution resolves a cut up among federal appeals courts. The Seventh and Eleventh Circuits had ruled that brokers had been protected from those claims, while the Sixth and Ninth Circuits allowed them to proceed.

Whatever ends up occurring, it is hoped that the ruling will help improve the security of Americans on the highway:

You can read the full opinion right here.


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