Montgomery v. Caribe Transport II, LLC · ¶50

That said, the brokers rightly caution against naiveté. In the real world, as the brokers forcefully respond, state tort law can be unpredictable, and the costs to brokers of litigation and insurance may be significant even when brokers prevail in lawsuits. Moreover, the costs of litigation and insurance, as well as the costs of brokers' conducting more substantial inquiries into trucking companies, will cascade through the economy and be paid in part by American consumers in the form of higher prices. See Brief for Chamber of Commerce et al. as Amici Curiae 25–34; Brief for National Association of Manufacturers as Amicus Curiae 15. The concerns expressed by the brokers are legitimate and weighty. But those countervailing points ultimately do not carry the day in determining how broadly to construe the vague “with respect to motor vehicles” language in this Act.

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