Interview: Marc Blubaugh about Montgomery v. Caribe | Can Car Crash Victims Sue Trucking Brokers?

Montgomery v. Caribe Transport reaches far beyond one truck accident. The Supreme Court must answer a fundamental question: Does federal law shield freight brokers from state tort claims when they select a motor carrier that causes a catastrophic crash?

Marc S. Blubaugh joins The High Court Report to break down this high-stakes case. Marc serves as Partner at Benesch Friedlander Coplan & Aronoff LLP and Counsel of Record for the Transportation Intermediaries Association — the trade group representing over 1,700 freight brokerage companies. He wrote the amicus brief Justice Kavanaugh cited by name and page number during oral argument.

Marc explains the legal framework, then pulls back to reveal the full picture. The $343 billion freight brokerage industry operates on the premise that federal law — not state juries — determines which motor carriers may operate on America's roads. But plaintiffs' lawyers now name brokers in virtually every major truck accident case, threatening to reshape who enters the market and how efficiently America's supply chain runs.

The stakes cut both directions. Injured parties deserve recourse when dangerous carriers cause catastrophic accidents. Marc walks through why petitioner's counsel argues an 80,000-pound truck sits at the center of every negligent hiring claim — and why the safety exception exists precisely to preserve that theory.

A broker victory brings certainty and supply chain efficiency. A petitioner victory turns brokers into federal safety inspectors without the tools to do the job. The Court's reasoning will define preemption fights in the transportation industry for years.

Listen to the full March 4, 2026 oral argument: Here.

Listen to The High Court Report case preview: Here.

Connect with Marc Blubaugh on LinkedIn: Here.

Connect with Marc Blubaugh at Benesch Law: Here.

Fine Print

• §14501(c)(1): Preempts state laws "related to a price, route, or service" of interstate brokers

• §14501(c)(2)(A): Preserves state authority to regulate safety "with respect to motor vehicles"

• §14501(b)(1): Preempts state laws "relating to intrastate rates, routes, or services" of brokers

Timestamps:

[00:00:00] Episode Preview

[00:00:40] Guest Introduction

[00:01:57] 60 Second Takeaway from Oral Arguments

[00:09:04] Logistics Ecosystem

[00:10:35] What Brokers Do

[00:10:53] Broker Licensing Basics

[00:11:04] Motor Carriers Explained

[00:11:27] Drivers and Authority

[00:11:54] Consignee at Delivery

[00:14:29] Legal Battle Over Liability

[00:18:43] How the Arguments Unfolded at Oral Arguments

[00:30:08] What Happens if Montgomery Wins? If the Brokers Win?

[00:33:26] Wrap Up