Montgomery v. Caribe Transport II, LLC · ¶44

Most important is the overall structure of the safety regime for the trucking industry. Enacted in 1994, the FAA Authorization Act pursued economic deregulation of the industry. But the Act largely left intact the extant system of safety regulation, including state tort suits. See 49 U. S. C. § 14501(c)(2)(A). The Act did not preempt state tort suits against trucking companies for truck accidents. And the negligent-hiring tort against brokers, like the negligence tort against trucking companies, exists to keep unsafe trucks and unsafe drivers off America's highways. Given that Congress in the FAA Authorization Act sought economic deregulation—not safety deregulation—it is hard to read the statute as written and conclude that Congress subtly sliced and diced state tort law so that trucking companies would be subject to state tort suits for accidents, but brokers would operate free of any…

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