Montgomery v. Caribe Transport II

What happened

On May 14, 2026, the U.S. Supreme Court ruled 9-0 in Montgomery v. Caribe Transport II, LLC that state common-law negligent-selection claims against freight brokers are not preempted by the FAAAA. The federal preemption defense brokers have relied on for two decades is gone.

What changes for brokers

Brokers must now exercise documented ordinary care in selecting carriers — on every booking. Industry voices are calling this an "extinction event" for 30–50% of brokers who can't show a defensible per-load vetting record. Insurers are expected to require per-load due diligence as a condition of E&O coverage at renewal.

What it means for FleetDog carriers

You're already qualified. FleetDog maintains the driver, equipment, training, and compliance data that brokers now demand at quote time — and packages it as the Asset Qualification Record (AQR): a tamper-evident, signed packet you can attach to any quote or rate confirmation, proving your driver+truck+trailer qualification for that specific load, dated today.

What to do now

• Keep your FleetDog data current. AQRs only issue when all components pass freshness checks (medical card, pre-trip, clearinghouse, etc.).
• Brief your dispatchers. Leading with the AQR wins loads at better rates — brokers prefer carriers who pre-solve their vetting.
• Issue your first AQR. It's live in the platform today — generate one for your next load and see what brokers will see.

Questions?

Reach out to your FleetDog account contact or email support@fleetdog.com.