The Brokerage World Post-Montgomery: What Brokers Need to Do Now

Kent Britt, a partner in the Vorys Cincinnati office, authored an article for the Transportation Intermediaries Association’s 3PLPerspectives Magazine on the fallout from the U.S. Supreme Court’s Montgomery v. Caribe Transport II, LLC, et al.   The court found that state law negligence-selection claims against brokers relating to motor vehicle safety are not preempted by the Federal Aviation Administration Authorization Act.  Now, in all cases, judges and, typically, juries will determine if, based on the particular facts, brokers exercised reasonable care when hiring carriers and if the failure to do so was the proximate cause of the plaintiff’s damages.

The article highlights the repercussions of the decision and outlines some key items that brokers should do now. This includes evaluating risk management and compliance strategies, conducting contract reviews, and considering overall operational changes.

Read the full article on the 3PLPerspectives Magazine website.