In the Autumn 2018 issue of The Transportation Brief, the Firm analyzed two federal court decisions that held the Federal Aviation Administration Authorization Act of 1994 (FAAAA) preempted the plaintiffs’ negligent selection claims against a broker. Since then, three additional federal district courts have addressed this issue as the law surrounding broker liability continues to develop. In Creagan v. Wal-Mart Transportation, LLC, a federal court in the Northern District of Ohio dismissed a negligent hiring claim against a broker based upon FAAAA preemption. However, in Finley v. Dyer and Nyswaner v. C.H. Robinson, Inc., federal courts in Mississippi and Arizona, respectively, held the FAAAA does not preempt such claims. The Firm continues to monitor these and other broker liability and negligent selection cases, and is well-positioned to provide options and cutting-edge legal defenses to those faced with these types of claims.