WASHINGTON, D.C. (Jan. 22, 2026) – NFIB filed an amicus brief in the case Shawn Montgomery v. Caribe Transport II, LLC, et al. at the United States Supreme Court. The case questions whether freight brokers can be held liable under state law for a contracted motor carrier’s negligent hiring decisions. NFIB joined the U.S. Chamber of Commerce along with several other business groups in filing the brief, which emphasizes the critical role that freight brokers play in today’s shipping industry.

“Businesses of all sizes use freight brokers to coordinate the shipment of their products,” said Beth Milito, Vice President and Executive Director of NFIB’s Small Business Legal Center. “These brokers function as middlemen, helping connect businesses with trucking companies and arranging shipments. While their importance in transporting goods cannot be overstated, their role remains limited. Making freight brokers liable for the actions of the carriers they contract with will increase costs for brokers, the dependent small businesses, and consumers.”

The business amicus brief argues two main points: 1) the Federal Aviation Administration Authorization Act preempts state tort suits against brokers and 2) permitting broker liability for negligently hiring a motor carrier would impose enormous costs on the shipping industry without improving safety, because those involved in motor carrier selection have no effective way to monitor those motor carriers and the nation’s roadways are already extensively regulated.

The NFIB Small Business Legal Center protects the rights of small business owners in the nation’s courts. NFIB is currently active in more than 40 cases in federal and state courts across the country and in the U.S. Supreme Court.