Total Quality Logistics, LLC v. Robert Cox, as Personal Representative and Special Administrator of the Estate of Greta Cox
Arbitration
Whether a common-law negligence claim against a freight broker for selecting a motor carrier is preempted by the Federal Aviation Administration Authorization Act's safety exception
The Federal Aviation Administration Authorization Act of 1994 (FA) preempts state laws related to motor carrier and broker prices, routes, and services. 49 U.S.C. 14501(c)(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(c)(2)(A). The question presented is: Whether a common-law negligence claim alleged against a freight broker, based on the broker’s selection of a motor carrier to provide transportation of cargo, is preempted because it does not fall within the safety ex-ception in Section 14501(c)(2)(A). (II)