Broker Preemption Showdown: Montgomery v. Caribe Transport Argued

On March 4, 2026, the Supreme Court heard oral argument in Montgomery v. Caribe Transport II, LLC, with Paul D. Clement arguing for petitioner and Theodore J. Boutrous, Jr. arguing for respondents. Notably, the Solicitor General secured divided argument time, with Sopan Joshi appearing as amicus curiae. The government’s participation signals that the executive branch views the statutory interpretation question as having significant consequences for federal transportation policy.

The case arises from an accident in which Shawn Montgomery was injured by a truck driver. Montgomery sued the freight broker that arranged the carrier’s services, alleging the broker negligently selected an unsafe carrier. The central dispute is whether common-law negligent-selection claims are preempted under § 14501(c). The nineteen amicus briefs filed reflect the breadth of interests at stake, with filings from the Chamber of Commerce of the United States, the Transportation Intermediaries Association, and others. The Court’s resolution will determine whether injured parties can hold brokers accountable under state tort law or must rely solely on federal regulatory mechanisms. Full case details are available on the Supreme Court docket and Oyez.

The decision will affect how freight brokers structure their carrier-vetting practices and whether tort liability serves as a backstop to federal safety regulation. The trucking and logistics industries are watching closely for guidance on where broker liability ends.