Scopelitis, Garvin, Light, Hanson & Feary, P.C.


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Transportation Brief: Federal Courts Split on Applicability of Federal Preemption in Negligent Hiring Claims

by Timothy W. Cochren, Thomas E. Schulte

March 28, 2019

In the Autumn 2018 issue of The Transportation Brief, the Firm analyzed two federal court decisions that held the Federal Aviation Administration Authorization Act of 1994 (FAAAA) preempted the plaintiffs’ negligent selection claims against a broker. Since then, three additional federal district courts have addressed this issue as the law surrounding broker liability continues to develop. In Creagan v. Wal-Mart Transportation, LLC, a federal court in the Northern District of Ohio dismissed a negligent hiring claim against a broker based upon FAAAA preemption. However, in Finley v. Dyer and Nyswaner v. C.H. Robinson, Inc., federal courts in Mississippi and Arizona, respectively, held the FAAAA does not preempt such claims. The Firm continues to monitor these and other broker liability and negligent selection cases, and is well-positioned to provide options and cutting-edge legal defenses to those faced with these types of claims.


Scopelitis’ Transportation Brief® is intended as a report to our clients and friends on developments affecting the transportation industry. The published material does not constitute an exhaustive legal study and should not be regarded or relied upon as individual legal advice or opinion.

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