Montgomery v. Caribe Transport II, LLC · ¶52

As I see it, the conficting contextual considerations make this a close case as we determine how to construe and where to draw the line on the statutory phrase “with respect to motor vehicles.” In the end, I do not believe that Congress, through such oblique language in an economic-deregulation statute, simultaneously (i) allowed state tort suits against negligent trucking companies and (ii) categorically preempted state tort suits against upstream brokers who negligently select an unsafe trucking company. The brokers and their amici raise serious concerns about the repercussions of state tort liability against brokers, and they may of course (among other possibilities) ask Congress and the President to change federal law. But as of now, federal law does not preempt state tort liability against brokers for negligent selection of trucking companies.

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