Transportation groups today are voicing “disappointment” in a U.S. Supreme Court ruling which holds that freight brokers may be held liable under varying state laws for accidents involving federally licensed motor carriers.The move came in a unanimous opinion issued today in Montgomery v. Caribe Transport II, LLC. Specifically, the Supreme Court held a state law claim that a broker negligently selected or hired a motor carrier is not preempted by a federal deregulatory statute, according to transportation law firm Scopelitis.That decision marks a change in logistics industry standards, since it effectively reverses the status of such claims, which were heretofore considered preempted, Scopelitis said.In reaction, several transportation groups said the new policy will put an unfair burden on freight brokers, who lack the data required to verify that a carrier has a safe record.For example, third party logistics (3PL) trade group Transportation Intermediaries Association (TIA) said the new policy is like asking travel agents to evaluate the safety of a given airline despite the fact that the airline has been licensed to fly by the federal government. Since brokers do not employ motor carrier drivers directly, they do not have access to the records and data required to perform the safety functions that plaintiff lawyers contend they must, TIA said.“We are deeply disappointed with the decision as the law and legal precedent for decades has given the federal government, not states, the responsibility for setting safety standards for motor carriers. To date, carriers, not brokers, have been responsible for complying…
