Montgomery v. Caribe Transport II, LLC · ¶49

Importantly, the Court's decision today should not be read to mean that brokers will routinely be subject to state tort liability in the wake of truck accidents. As even plaintiff 's counsel stressed, brokers should be able to successfully defend against state tort suits if the brokers have acted reasonably and arranged transportation with reputable trucking companies. Tr. of Oral Arg. 27–29. In plaintiff 's counsel's words, the brokers “just have to hire carriers that actually have a reasonable policy,” and “the broker is not going to have a problem if it's asking the hard questions of the carrier.” Id., at 42, 45. In addition, the proximate-cause requirement in typical state tort law should help protect brokers from excessive liability. Id., at 25.

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