The U.S. Supreme Court has moved the high‑stakes fight over freight‑broker liability onto a firm timeline, setting due dates for the parties’ merits briefs in Montgomery v. Caribe Transport II, LLC, the case expected to determine whether federal law shields brokers from state negligent‑selection claims. Freight’s legal community now has concrete dates to work toward, and the trucking ecosystem has a clearer sense of when clarity might finally arrive. (Primary source: FreightWaves.)
In an order entered Thursday, November 13, the Court granted a filing extension and established that the petitioner’s brief and joint appendix are due December 1, 2025, with the respondents’ brief due January 14, 2026. The docket does not yet list an oral‑argument date. These entries formalize the cadence for a case closely watched by brokers, carriers and shippers because it tests the reach of the FAAAA’s preemption of state tort claims against brokers.
Why it matters for trucking: the Court’s ruling will either unify or upend a patchwork that currently varies by jurisdiction. For brokers, that variability has meant uneven litigation risk, inconsistent insurance expectations and higher compliance costs to maintain different playbooks by state. With a briefing schedule now set, stakeholders can plan around a defined window for amicus participation and internal policy reviews, rather than waiting in the dark for next steps.
What to do now
– Brokers: Stress‑test carrier‑vetting protocols and document retention. Make sure your safety due‑diligence trail (from authority and insurance checks to crash history reviews) is standardized nationwide and auditable. If you operate with multiple business units, verify that each applies the same checklist and decision thresholds.
– Shippers: Revisit broker‑shipper agreements. Confirm indemnity, insurance and notice provisions reflect today’s uncertainty and will still work if the Court narrows or expands broker exposure.
– Carriers: Expect more rigorous broker oversight ahead of the ruling. Keep safety scores, driver qualification files and insurance certificates current and easily shareable to avoid delays in tender acceptance.
– Legal and claims teams: Evaluate whether a stay makes sense in active cases hinging on FAAAA preemption. A defined briefing path strengthens arguments to pause duplicative litigation costs until the Court speaks.
What’s next on timing: with the petitioner’s brief due December 1 and the defense brief set for mid‑January, the formal briefing phase will run through the early part of 2026 before arguments are scheduled. The Supreme Court’s public docket is the place to watch for the argument calendar entry and any additional orders that could adjust deadlines.
The bottom line: The Court just gave the industry a clock to manage against. Whether you’re a national 3PL, a shipper with a small brokerage desk, or a carrier that depends on brokered freight, use the next eight weeks to close gaps in vetting, contracts and documentation. When a definitive rule arrives, being able to demonstrate a consistent, safety‑centric process will be your best defense—whatever the Court decides.
Sources: FreightWaves; Supreme Court of the United States docket (No. 24-1238)
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