Law360 featured Benesch Partner and Transportation & Logistics Practice Group Co-Chair Marc Blubaugh in his coverage of a key transportation case to watch in 2026: Shawn Montgomery v. Caribe Transport II LLC et al., now pending before the U.S. Supreme Court.
The article examines a growing circuit split over whether the Federal Aviation Administration Authorization Act (FAAAA) preempts state-law personal injury claims against freight brokers. In early 2025, the Seventh Circuit joined the Eleventh Circuit in finding that the FAAAA shields brokers from such claims, while the Sixth and Ninth Circuits have applied the statute’s safety exception, allowing claims to proceed.
Blubaugh, who represents the Transportation Intermediaries Association in the matter, described the Supreme Court’s decision to take up the issue as “extraordinarily good news for the freight brokerage industry,” emphasizing the need for regulatory certainty to ensure the efficient movement of goods. An amicus brief filed by the association argues that the case underscores attempts by plaintiffs’ attorneys to use state tort law to override the federal government’s exclusive authority over interstate motor carrier regulation.