Comment / US government reverses course on broker liability in Supreme Court showdown

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The US Department of Justice has executed a striking about-face in a Supreme Court case that could reshape liability exposure for freight brokers across the country, filing a brief that directly contradicts the government’s position from 2022.

In Montgomery v. Caribe Transport*, the Solicitor General is now urging the Court to find that federal law preempts state tort claims against brokers for negligently selecting motor carriers, a position the government explicitly rejected when a nearly identical case reached the Court three ...