Mayer LLP recently achieved a significant victory for a major transportation broker company in a complex negligence lawsuit. Led by Zach Mayer and Trey Parham, our defense effort resulted in the dismissal of all negligent brokering and direct negligence claims by the United States District Court for the Eastern District of Texas, Tyler Division, a first for the Eastern District of Texas.

The case involved a tractor-trailer accident in Panola County, Texas, and resulted in the tragic deaths of two individuals, leading to multiple negligence claims brought against multiple Defendants. The Plaintiffs alleged gross negligence, negligent hiring, negligent entrustment, negligent retention, negligent training, negligent supervision, and negligent brokering.

As part of a FRCP 12(b)(6) Motion, our team argued that the Plaintiffs did not provide sufficient facts to sustain these claims and further contended that the claims of negligent brokering, selection, and monitoring were preempted by the Federal Aviation Authorization Administration Act (FAAAA), a legal issue yet to be addressed by the 5th Circuit. This federal law preempts state laws and claims that relate to the service of freight brokers in the transportation of property across the United States.

After thoroughly examining the Defense's arguments and the Plaintiffs' response, the court fully granted the motion to dismiss these claims. The court additionally found that the Plaintiffs' request to amend their complaint a 3rd time was not properly supported, leading to its denial. For the first time in the history of the Eastern District of Texas, all negligent brokering claims were dismissed, and the court agreed with our team’s argument that the safety regulatory exception within the FAAAA did not apply, as the Plaintiffs' claims did not have a direct relationship to motor vehicle safety.

At Mayer, we are committed to providing robust legal defenses in the face of challenging litigation. Congratulations to Trey and Zach for securing this favorable outcome for our client.