• videocam Live Webinar with Live Q&A
  • calendar_month July 14, 2026 @ 1:00 PM ET/10:00 AM PT
  • signal_cellular_alt Intermediate
  • card_travel Personal Injury and Med Mal
  • schedule 90 minutes

Freight Broker Liability After Montgomery v. Caribe Transport: Navigating Changes in How Fault is Evaluated

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Discount expires 6/30/26

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About the Course

Introduction

This CLE course will examine the liability of freight brokers for injuries sustained in trucking accidents and will specifically consider the impact of Montgomery v. Caribe Transport II L.L.C., ___ U.S. ___ (May 14, 2026). Our speaker will discuss the prevailing theories of liability, including negligent hiring, selection, vicarious liability, and the statutory employment doctrine as well as what Montgomery did and did not change.

Description

Negligent selection happens when a freight broker selects a carrier not competent to perform the work. A broker also can be held vicariously liable if it retains the right to control the motor carrier. For some time, a debate raged over whether state law negligence claims against brokers were preempted by the Federal Aviation Administration Authorization Act (FAAAA). Montgomery resolved that question, holding that the safety exception in the FAAAA permits state-law negligent hiring claims against brokers. 

Montgomery, however, did not speak to a broker's standard of care when vetting or selecting a carrier or when it may fall short. Some brokers argue that checking that a motor carrier has operating authority with the Federal Motor Carrier Safety Administration is sufficient. Other brokers and courts, however, acknowledge the duty to exercise reasonable care, which could include checking safety data, crash history, and other indicators of a carrier's fitness and safety. 

Listen as our illustrious speaker discusses how cases are made against brokers and the impact of the Montgomery decision.

Presented By

Peter Kestner
Partner
Penn, Kestner & McEwen, PLLC

Mr. Kestner has extensive experience with truck accident cases, both as a private attorney and representative for trucking insurers. He is co-founder of the law firm McEwen & Kestner and recently a founder of a national trucking practice with Penn, Kestner & McEwen. Mr. Kestner earned his B.S. from Skidmore College in 1989, and his J.D. from William Mitchell College of Law in 2001. He is the current chair of the Academy of Truck Accident Attorneys (ATAA), past chair American Association of Justice's (AAJ) Interstate Trucking Litigation Group, he is a member of the Amicus Committee for AAJ's Interstate Trucking Litigation Group and he also holds a Chartered Property & Casualty Underwriter (CPCU) professional designation in insurance. Mr. Kestner has litigated truck accident cases in 24 different states in both State and federal Court. He is also Board Certified in Truck Accident Litigation in Minnesota by the National Board of Trial Advocates (NBTA).

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Eric T. Penn
Partner
Penn, Kestner & McEwen, PLLC

Mr. Penn has been an outspoken advocate for seriously injured people for more than seventeen (17) years. He represents people who have been permanently and seriously injured through no fault of their own. Mr. Penn has developed into a widely recognized expert within the legal community, working to make the trucking industry more accountable for safety on highways and roads. Because of his vast knowledge and experience in trying cases against the trucking industry, Mr. Penn is sought after as an expert trucking accident speaker and consultant on many high-profile cases all over the country.

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Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Tuesday, July 14, 2026

  • schedule

    1:00 PM ET/10:00 AM PT

I. Overview of property (cargo) brokering

II. Property (cargo) broker liability theories

III. Key discovery/docs in broker cases

IV. How transportation indemnity agreements impact trucking cases

V. Preemption issues and impact of Montgomery v. Caribe Transport II L.L.C.

The speaker will review these and other key issues:

  • What is a freight broker?
  • What regulations apply to freight brokers?
  • What theories of liability are available against brokers?
  • Is carrier selection a safety and risk management responsibility in light of Montgomery? 
  • Is the liability risk increased or decreased when a broker uses third-party software to monitor safety?
  • How do you prove your case?
  • What practical strategies are available?
  • How do you try a broker liability case?
  • When is a broker actually a motor carrier?