California Attorney General Rob Bonta has joined a bipartisan group of 30 attorneys general in submitting an amicus brief to the U.S. Supreme Court in the case of Montgomery v. Caribe Transport II. The brief urges the Court not to interpret the Federal Aviation Administration Authorization Act (FAAAA) as preempting state law claims against freight brokers accused of negligently selecting drivers who later harm motorists.
Attorney General Bonta stated, “Today, I join attorneys general across the political spectrum in urging the U.S. Supreme Court to reject the notion that federal law preempts state laws that protect roadway safety and provide remedies when predictable accidents occur as a result of negligent hiring decisions by commercial-trucking businesses. States must preserve the right to make our roadways safe and ensure companies that are negligent about roadway safety are held accountable and compensate the victims they harm.”
The original lawsuit involves a personal injury claim brought by an accident victim against several parties: a tractor-trailer driver, their employer, and the freight broker who hired the trucking company. A lower court ruled that claims against the freight broker were barred because such theories of negligence were preempted by federal law under the FAAAA.
In their filing, Bonta and his counterparts argue that states have long had authority to regulate roadway safety through statutes and tort law. They contend these laws do not fall under those related to price, route, or service—which are narrowly preempted by the FAAAA—and point out that Congress expressly allowed states broad powers to enact and enforce safety regulations.
Other attorneys general joining Bonta represent Ohio, Arizona, Arkansas, Delaware, Idaho, Illinois, Indiana, Kansas, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nevada, New Mexico, New York, North Carolina, Oklahoma, Oregon, Rhode Island, South Carolina, Tennessee, Texas, Vermont, Virginia, West Virginia and the District of Columbia.
