No. 23-475

Ying Ye, as Representative of the Estate of Shawn Lin, Deceased v. GlobalTranz Enterprises, Inc.

Lower Court: Seventh Circuit
Docketed: 2023-11-06
Status: Denied
Type: Paid
Amici (1) Experienced Counsel
Tags: federal-aviation-administration-authorization-act freight-broker motor-carrier motor-vehicle negligent-hiring personal-injury preemption safety-exception
Key Terms:
Arbitration
Latest Conference: 2024-01-05
Question Presented (AI Summary)

Whether a personal injury claim against a freight broker based on the broker's negligent hiring of an unsafe motor carrier to transport property by motor vehicle falls within the safety exception

Question Presented (OCR Extract)

QUESTION PRESENTED The Federal Aviation Administration Authorization Act preempts state laws “related to a price, route, or service of any motor carrier ... or any motor private carrier, broker, or freight forwarder with respect to the transportation of property.” 49 U.S.C. § 14501(¢)(1). It also contains an exception from preemption—known as the “safety exception’— that preserves the “safety regulatory authority of a State with respect to motor vehicles.” Id. § 14501(c)(2)(A). The question presented is: Whether a personal injury claim against a freight broker based on the broker’s negligent hiring of an unsafe motor carrier to transport property by motor vehicle falls within the safety exception, as the Ninth Circuit has held, or whether such a claim is insufficiently connected to motor vehicles to fall within the exception, as the Seventh Circuit held below.

Docket Entries

2024-01-08
Petition DENIED.
2023-12-20
DISTRIBUTED for Conference of 1/5/2024.
2023-12-19
2023-12-06
Brief of respondent GlobalTranz Enterprises, Inc. in opposition filed.
2023-12-04
2023-11-02

Attorneys

GlobalTranz Enterprises, Inc.
Kannon K. ShanmugamPaul, Weiss, Rifkind, Wharton & Garrison LLP, Respondent
Kannon K. ShanmugamPaul, Weiss, Rifkind, Wharton & Garrison LLP, Respondent
Institute for Safer Trucking
Brian WolfmanGeorgetown Law Appellate Courts Immersion Clinic, Amicus
Brian WolfmanGeorgetown Law Appellate Courts Immersion Clinic, Amicus
Ying Ye
Adina H. RosenbaumPublic Citizen Litigation Group, Petitioner
Adina H. RosenbaumPublic Citizen Litigation Group, Petitioner