Petition for a Writ of Certiorari filed in the Supreme Court of the United States Seeking Clarification on Whether the FAAAA Preempts Negligent Hiring/Selection Claims Against Brokers

On November 26, 2024, the Estate of Peter Gauthier filed a Petition for a Writ of Certiorari in the Supreme Court of the United States requesting review of the Eleventh Circuit Court of Appeals’ decision to affirm the granting of summary judgment in favor of broker, Total Quality Logistics, LLC. See Gauther v. Total Quality Logistics, LLC, Docket No. 24-592. In Gauthier, the Northern District of Georgia granted TQL summary judgment finding that the plaintiff’s negligent hiring/selection claims against TQL were preempted by the Federal Aviation Administration Authorization Act of 1994 (“FAAAA”) and not saved by the “safety exception.” Gauthier v. Hard to Stop LLC, No. 6:20-cv-93 (judgment entered Feb. 11, 2022). The Eleventh Circuit Court of Appeals affirmed the district court’s decision, and the plaintiff/petitioner now seeks review from the Supreme Court of the United States.
 
Whether the Supreme Court of the United States will accept the Petition is unknown, but we will be monitoring and report on any updates.