Supreme Court of the United States Again Declines to Address Whether Plaintiffs’ State Law Tort Claims Against Freight Brokers are Preempted by the FAAAA

On January 13, 2025, the Supreme Court of the United States denied the plaintiff’s Petition for a Writ of Certiorari to review the Eleventh Circuit Court of Appeals’ decision in Gauthier v. Total Quality Logistics, LLC, No. 22-10774 (11thCir. July 9, 2024), despite the fact a circuit court split exists on how FAAAA preemption and the “safety exception” are applied. See Ye v. GlobalTranz Enterprises, Inc., 74 F.4th 453 (7th Cir. 2023), Aspen Am. Ins. Co. v. Landstar Ranger, Inc., 65 F.4th 1261(11th Cir. 2023); Miller v. C.H. Robinson Worldwide, Inc.,976 F.3d 1016 (9th Cir. 2020).

We recommend freight brokers continue to assert the FAAAA preemption defense, file dispositive motions, and file appeals where appropriate so that other federal circuit courts can decide this issue and further establish the majority view—that state law tort claims against a freight broker are preempted by the FAAAA and not saved by the “safety exception.” We are also hopeful the Supreme Court of the United States will eventually accept a petition for a writ of certiorari to review FAAAA preemption as it applies to freight brokers so that there is uniformity and consistency throughout the country.