Montgomery v. Caribe Transport II, LLC · ¶41

Second, all agree that the Act as amended does not permit state tort suits against brokers for arranging intrastate transportation. But plaintiff here is arguing that the statute allows state tort suits against brokers for arranging in terstate transportation. As a matter of ordinary preemption doctrine, which is rooted in federalism principles, that seems exactly backwards: Why would Congress permit state tort suits against brokers for arranging interstate trips but preempt state tort suits against brokers for arranging intrastate trips? Plaintiff has no good answer to that question. So as plaintiff 's counsel forthrightly acknowledged at oral argument, a ruling in plaintiff's favor would create a substantial anomaly. Tr. of Oral Arg. 7–8, 25.

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