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Montgomery v. Caribe Transport II, LLC · ¶35

When truck accidents occur, an injured party will sometimes bring a state tort suit against a trucking company that, for example, maintained an unsafe truck or hired or employed an at-fault driver. All parties here agree that those suits against trucking companies are not preempted and thus are permitted under the FAA Authorization Act. The question is whether state tort suits against the upstream brokers who select the trucking companies are also permitted.
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