Hecker Fink Files Amicus Brief in the U.S. Supreme Court on Behalf of Legal Scholars in Montgomery v. Caribe Transport II, LLC

On January 21, 2026, Hecker Fink LLP filed an amicus brief in the U.S. Supreme Court on behalf of Professors Keith Hylton, Michael Greve, and Richard Epstein in support of respondents in Montgomery v. Caribe Transport II, LLC.  The case addresses whether the Federal Aviation Administration Authorization Act’s express preemption provision bars state-law claims against a broker for negligently selecting a motor carrier whose vehicle is later involved in an accident.  Brokers often act as intermediaries arranging transportation of goods between a shipper and a federally registered motor carrier.

The brief offers an economic perspective to guide the Supreme Court’s analysis.  It argues that, when Congress enacts an express preemption provision, courts should not apply a presumption that Congress did not intend to preempt state law.  Courts should instead, when permitted by a statute’s text, examine the foreseeable costs and benefits when deciding how the provision should be interpreted.  Applied here, the brief explains that allowing claims against brokers will reduce carriers’ safety incentives and pressure brokers to take less effective, costlier precautions.  The brief also addresses how, even if broker-negligence claims are preempted, states will still be able to enact laws that promote road safety that would not be preempted.

The Hecker Fink team includes Trisha Anderson, Mike Ferrara, and Martin Totaro.

Read the full brief here.