Case Note: South Carolina District Court holds that plaintiff’s claims were all preempted by the FAAAA
On Friday, November 15th, the Southern District of South Carolina granted summary judgment in favor of broker Echo Global Logistics, Inc. on grounds that the plaintiff’s claims, which included claims for vicarious liability, as well as negligent hiring, entrustment, supervision, and retention were all preempted by the Federal Aviation Administration Authorization Act (FAAAA).
The court held that all of the claims in question fell under the FAAAA preemption of claims related to a broker’s services, and further found that they were not saved by the so-called “safety exception.” As a district court decision, the decision is not binding on other courts but is nevertheless notable in that several previous cases in the 4th Circuit had found against preemption. Fuelling v. S&J Logistics LLC, 2024 WL 4802709 (D.S.C., Nov. 11, 2024).
News from Scopelitis is intended as a report to our clients and friends on developments affecting the transportation industry. The published material does not constitute an exhaustive legal study and should not be regarded or relied upon as individual legal advice or opinion.
Case Note: South Carolina District Court holds that plaintiff’s claims were all preempted by the FAAAA
On Friday, November 15th, the Southern District of South Carolina granted summary judgment in favor of broker Echo Global Logistics, Inc. on grounds that the plaintiff’s claims, which included claims for vicarious liability, as well as negligent hiring, entrustment, supervision, and retention were all preempted by the Federal Aviation Administration Authorization Act (FAAAA).
The court held that all of the claims in question fell under the FAAAA preemption of claims related to a broker’s services, and further found that they were not saved by the so-called “safety exception.” As a district court decision, the decision is not binding on other courts but is nevertheless notable in that several previous cases in the 4th Circuit had found against preemption. Fuelling v. S&J Logistics LLC, 2024 WL 4802709 (D.S.C., Nov. 11, 2024).
News from Scopelitis is intended as a report to our clients and friends on developments affecting the transportation industry. The published material does not constitute an exhaustive legal study and should not be regarded or relied upon as individual legal advice or opinion.