This is a survival-level update for anyone defending motor carriers or freight brokers post-Montgomery. With preemption no longer serving as a primary shield, negligent selection claims against brokers are increasingly surviving early dismissal, requiring cases to be defended on the merits rather than resolved on jurisdictional grounds.
The session will focus on how this shift reframes litigation strategy, placing emphasis on traditional negligence elements—duty, breach, and causation—specifically as they relate to carrier selection. Participants will learn how carrier vetting practices have become a central battleground, with FMCSA safety data, prior violations, and internal selection procedures now playing a critical role in shaping liability exposure.
The program also highlights key defense opportunities, including challenging proximate cause and reasonableness. While claims may proceed past preemption, plaintiffs still bear the burden of proving that alleged deficiencies in carrier selection directly caused the accident—creating meaningful leverage for defense counsel. Attendees will leave with practical strategies for defending these claims, managing discovery, and positioning cases for successful resolution in this new environment.
Speakers:
Mike H. Bassett, unapologetically passionate and transparent, has never stopped believing in the power of his team, truth, and doing the next good thing. He is a civil litigation attorney who has practiced law for nearly four decades. Mike has tried nearly 200 cases to verdict and is a consultant and mediator.
John Nunnally is a litigator with over 30 years of experience, which includes trying over 75 civil cases to verdict. John's experience allows him to provide insight into the specialized challenges facing the commercial transportation industry. He practices in civil litigation, focusing on trucking/transportation law, construction law, and products liability.