California Attorney General Rob Bonta has joined a bipartisan group of 30 attorneys general in submitting an amicus brief to the U.S. Supreme Court in the case Montgomery v. Caribe Transport II. The brief asks the court not to interpret the Federal Aviation Administration Authorization Act (FAAAA) as preempting state-law claims against freight brokers accused of negligently selecting drivers who cause harm to motorists.
Attorney General Bonta stated, “Today, I join attorneys general across the political spectrum in urging the U.S. Supreme Court to reject the notion that federal law preempts state laws that protect roadway safety and provide remedies when predictable accidents occur as a result of negligent hiring decisions by commercial-trucking businesses. States must preserve the right to make our roadways safe and ensure companies that are negligent about roadway safety are held accountable and compensate the victims they harm.”
The underlying case involves a personal injury lawsuit filed by an accident victim against several parties: a tractor-trailer driver, the trucking company employing that driver, and a freight broker responsible for hiring the trucking company. The district court determined that claims based on negligent selection could not proceed against the freight broker because such claims were considered preempted by federal law under FAAAA.
In their brief, the coalition argues that states have traditionally had authority over roadway safety through statutes and tort law. They contend these types of state laws do not fall within those specifically preempted by FAAAA—namely regulations on price, route, or service—and point out that FAAAA explicitly preserves broad state powers regarding safety regulations.
The coalition includes attorneys general from Ohio, Arizona, Arkansas, Delaware, Idaho, Illinois, Indiana, Kansas, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nevada, New Mexico, New York, North Carolina, Oklahoma, Oregon, Rhode Island, South Carolina, Tennessee, Texas, Vermont, Virginia and West Virginia as well as Washington D.C.