Southern District of Texas Again Holds that Negligent Hiring/Selection Claims Against Anderson are Preempted by the FAAAA and Not Saved by the “Safety Exception”

On February 20, 2025, the United States District Court for the Southern District of Texas again held that Plaintiffs’ claims for negligent hiring/selection were: 1) preempted by the Federal Aviation Administration Authorization Act of 1994 (“FAAAA”) found in 49 U.S.C. § 14501(c)(1) , and 2) not saved by the “safety exception” found in 49 U.S.C. § 14501(c)(2)(A) . See Patterson v. Hunt Perfection LLC, No. 4:24-CV-830, ECF No. 65 (S.D. Tex. Feb. 20, 2025).

In Patterson, the freight broker, Anderson Trucking Service, Inc. (“Anderson”), contracted with a motor carrier to transport a load. An accident occurred and plaintiffs filed a personal injury lawsuit against numerous defendants, including Anderson, claiming it negligently hired/select the motor carrier. Anderson moved to dismiss the plaintiffs’ negligence claims, arguing the claims were preempted by the FAAAA and not saved by the “safety exception.”

Though plaintiffs did not file a response brief, the Southern District ultimately agreed with Anderson that the FAAAA preempted the plaintiffs’ negligence claims and that the claims did not fall within the “safety exception by primarily relying upon Ye v. GlobalTranz Enterprises, Inc., 74 F.4th 453 (7th Cir. 2023) and Hamby v. Wilson, No. 6:23-CV-249-JDK, 2024 WL 2303850 (E.D. Tex. May 21, 2024). We continue to recommend that freight brokers assert the FAAAA preemption defense early, file dispositive motions, and consider filing appeals where appropriate so that other state and federal appellate courts decide this issue, and the Supreme Court of the United States may be inclined to accept a writ of certiorari.