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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.
Speaker
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.