The U.S. Supreme Court has set the timetable in Montgomery v. Caribe Transport II, a closely watched case that could determine whether federal law shields freight brokers from state negligent-selection claims. In a November 13 order, the justices granted a schedule extension: the joint appendix and the petitioner’s merits brief are due December 1, with the respondents’ brief now due January 14, 2026. Those dates confirm that the dispute will move into full merits briefing over the next two months.
The petitioner’s reply brief is slated for February 13, 2026, and amicus briefs will track the parties’ filing dates under the Court’s rules—meaning trade groups and industry stakeholders will have tight windows to weigh in on each side. Expect filings from organizations that represent brokers and shippers alongside safety advocates. While oral argument has not yet been scheduled, the sequencing points to a spring argument and a ruling before the Court breaks for summer.
Why this matters to trucking: the justices are poised to resolve the split over whether the Federal Aviation Administration Authorization Act (FAAAA) preempts state-law negligent-selection claims against brokers or whether those claims fit within the statute’s “safety” carve-out. Different answers in different circuits have produced a patchwork of risk for brokers, shippers and motor carriers. A nationwide rule would either narrow exposure for brokers (if preemption is confirmed) or compel more robust, standardized vetting programs and contract terms (if negligent-selection claims survive), with knock-on effects for insurance pricing, litigation posture and how freight is tendered across state lines.
The schedule itself carries operational implications. For brokers and insurers, the next eight weeks are the last, best chance to frame the record through amicus filings that emphasize practical impacts—how carrier selection tools, safety monitoring, and compliance programs actually work in the market. For shippers and motor carriers, the calendar suggests this is a planning window: revisit indemnity, tendering, and documentation protocols so you’re not scrambling if the Court reshapes liability rules in mid-2026. Courts handling active broker-liability suits may also see fresh motions to stay proceedings pending the Supreme Court’s decision.
What to watch next: a wave of amicus briefs after December 1 and January 14, followed by the petitioner’s February 13 reply. The Court typically sets argument after briefing closes; a date on the February–April calendar would keep the case on track for a final decision by late June or early July 2026, when the term ends. For now, the only firm waypoints are the filing deadlines the Court entered this week.
The case is also likely to influence how the Court handles a related petition out of the Sixth Circuit involving Total Quality Logistics. Legal observers expect the justices to hold that petition until Montgomery is decided, then dispose of it in light of whatever rule the Court announces—another reason the briefing here has outsized stakes for the wider brokerage market.
Sources: FreightWaves, Supreme Court of the United States docket, Yahoo News
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