Montgomery v. Caribe Transport II: What Every Freight Broker Needs to Know

Published June 2, 2026 by Rootz Corp

On May 14, 2026, the United States Supreme Court issued a unanimous 9-0 decision in Montgomery v. Caribe Transport II, LLC (608 U.S. ___, Docket 24-1238) that fundamentally changed the legal landscape for every freight broker in America.

The ruling, authored by Justice Amy Coney Barrett with a concurrence by Justice Brett Kavanaugh, held that the Federal Aviation Administration Authorization Act (FAAAA) does not preempt state-law negligence claims against freight brokers for their selection of motor carriers.

In plain English: freight brokers can now be sued in state court for choosing an unsafe carrier.

What the Court Decided

The case arose from a serious trucking accident that resulted in a leg amputation. The plaintiff sued both the motor carrier and the freight broker (C.H. Robinson) who selected the carrier, arguing that the broker failed to exercise ordinary care in its carrier selection.

C.H. Robinson argued that the FAAAA — which preempts state laws "related to a price, route, or service" of a broker — shielded it from state-law negligence claims. The Court rejected this argument unanimously.

Justice Barrett wrote that carrier selection is not a "service" within the meaning of the FAAAA's preemption clause. The safety exception in 49 U.S.C. §14501(c)(2)(A) preserves state authority over motor vehicle safety, and selecting an unsafe carrier is a motor vehicle safety issue.

Justice Kavanaugh's concurrence went further, calling the pre-Montgomery regulatory landscape a "black hole" — a space where federal preemption eliminated state-law claims but no federal regulatory mechanism held brokers accountable for carrier selection.

What This Means for Brokers

1. State Tort Liability Is Real

Approximately 28,000 licensed freight brokers and hundreds of thousands of dispatchers are now exposed to state tort liability for negligent carrier selection. Each state's negligence standard applies — there is no uniform federal standard.

2. FMCSA Data Is Constructive Knowledge

The Court's reasoning implies that publicly available FMCSA safety data — crash history, inspection records, BASIC scores, operating status, authority, and insurance — constitutes constructive knowledge. If the data was available and you didn't check it, you may be negligent. If the data showed red flags and you dispatched anyway, you're in worse shape.

3. Documentation Is Everything

The absence of a documented vetting process is itself evidence of negligence. Going forward, brokers need to prove not just that they have a process, but what specific data they reviewed for each specific dispatch.

4. "We Checked" Is Not Enough

Dashboard screenshots, email confirmations, and internal databases are mutable records. In discovery, opposing counsel will ask: "Can you prove this data hasn't been changed since the dispatch?" If the answer is no, the evidence is weakened.

What You Should Do Now

Immediately:

  • Review your current carrier vetting process
  • Ensure you are checking FMCSA data for every dispatch, not just onboarding
  • Document what you check and when — with timestamps

    • This Quarter:

  • Implement a systematic, per-dispatch vetting process
  • Consider tools that create immutable, timestamped evidence of your vetting decisions
  • Review your insurance coverage for broker liability claims
  • Consult with transportation counsel about your state's negligence standards

    • Ongoing:

  • Monitor carrier safety data continuously, not just at onboarding
  • Create evidence of each dispatch decision that would hold up in discovery
  • Train dispatchers on the new liability standard

    • How FreightProof Helps

    FreightProof was built on the day of the Montgomery ruling specifically to address this new liability. It creates cryptographic proof — SHA-256 hashed, timestamped, optionally blockchain-attested — of exactly what carrier safety data showed at the moment of each dispatch.

  • Barrett-mapped compliance checklist — every factor the Court identified, checked against FMCSA data
  • Sealed vetting records — SHA-256 hash proves the data hasn't been altered since the check
  • Per-dispatch Trip Wallets — links carrier + driver + vehicle + route for each specific load
  • Independent verification — anyone can recompute the hash without trusting FreightProof

    • The standard is "ordinary care." FreightProof creates the evidence that proves you exercised it.

    Check a carrier now: freight.rootz.global

    Read the full whitepaper: freight.rootz.global/whitepaper

    Read the opinion: Supreme Court opinion (PDF)