Whether a common-law negligence claim against a freight broker is preempted under the Federal Aviation Administration Authorization Act

QUESTION PRESENTED Congress enacted the Federal Aviation Administration Authorization Act (FA) to deregulate the trucking industry. The statute preempts a “[state] law, regulation, or other provision” that is “related to a price, route, or service of any motor carrier * * * or * * * broker.” 49 U.S.C. 14501(¢)(1). Another provision—commonly known as the “safety the “safety regulatory authority of a State with respect to motor vehicles.” 49 U.S.C. 14501(¢)(2)(A). The question presented is whether a common-law negligence claim against a freight broker is preempted because it does not constitute an exercise of the “safety regulatory authority of a State with respect to motor vehicles” within the meaning of the FA’s safety exception. (1)