Northern District of Indiana Rules FAAAA Preempts Negligent Hiring/Selection Claim Against Freight Broker

On April 15, 2025, the United States District Court for the Northern District of Indiana held that the plaintiff’s claim for negligent hiring/selection of a motor carrier was: 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 Johnson v. Baxter, No. 2:23-CV-272-PPS, 2025 WL 1141037 (N.D. Ind., Apr. 15, 2025).  

In Johnson, the freight broker, VanKampen Freight, contracted with a motor carrier to transport a load. The plaintiff sustained serious injuries as a result of an accident she was involved in with the motor carrier. The plaintiff filed a lawsuit against numerous defendants, including VanKampen Freight, claiming it negligently hired/selected the motor carrier. VanKampen Freight filed an answer to plaintiff’s Complaint and subsequently filed a motion for judgment on the pleadings, arguing that plaintiff’s negligent hiring/selection claim was preempted by the FAAAA and not saved by the “safety exception.”

The district court agreed with VanKampen Freight that the FAAAA preempted the plaintiff’s negligence claim and that the claim did not fall within the “safety exception” by primarily relying upon Ye v. GlobalTranz Enterprises, Inc., 74 F.4th 453 (7th Cir. 2023).

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.