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Decided

Montgomery v. Caribe Transport II, LLC

Docket No.24-1238
Op. Below7th Cir.
ArgumentMar 4, 2026

Holding

A claim that one company negligently hired another to transport goods is not preempted by the Federal Aviation Administration Authorization Act because states retain authority to regulate safety “with respect to motor vehicles” under the act.

Judgment

Reversed and remanded, 9-0, in an opinion by Amy Coney Barrett on May 14, 2026. Justice Kavanaugh wrote a concurring opinion, joined by Justice Alito.

Vote

9
0
BarrettRobertsThomasAlitoSotomayorKaganGorsuchKavanaughJackson

Proceedings & orders timeline

Feb 27, 2025
Application (24A846) to extend the time to file a petition for a writ of certiorari from April 3, 2025 to June 2, 2025, submitted to Justice Barrett.
Mar 4, 2025
Application (24A846) granted by Justice Barrett extending the time to file until June 2, 2025.
Jun 2, 2025
Petition for a writ of certiorari filed. (Response due July 7, 2025)
Jul 7, 2025
Brief of respondents C.H. Robinson Worldwide, Inc., et al. in support filed.
Jul 7, 2025
Brief amicus curiae of National Association of Manufacturers filed.
Jul 22, 2025
Reply of petitioner Shawn Montgomery filed. (Distributed)
Jul 23, 2025
DISTRIBUTED for Conference of 9/29/2025.
Aug 4, 2025
Supplemental brief of respondents C.H. Robinson Worldwide, Inc., et al. filed. (Distributed)
Aug 27, 2025
Rescheduled.
Sep 10, 2025
DISTRIBUTED for Conference of 9/29/2025.
Oct 3, 2025
Petition GRANTED.
Nov 6, 2025
Motion for an extension of time to file the briefs on the merits filed.
Nov 13, 2025
Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including December 1, 2025. The time to file respondents' brief on the merits is extended to and including January 14, 2026.
Dec 1, 2025
Brief of petitioner Shawn Montgomery filed.
Dec 1, 2025
Joint appendix filed. (Statement of costs received)
Dec 2, 2025
Brief amicus curiae of Institute for Safer Trucking filed.
Dec 5, 2025
Brief amicus curiae of American Truckers United filed.
Dec 5, 2025
Brief amicus curiae of Gergana Franco filed.
Dec 8, 2025
Amici brief of Ohio, et al. not accepted for filing. (To be corrected - December 8, 2025)
Dec 8, 2025
Brief amici curiae of Ohio, et al. filed. (Corrected)
Dec 8, 2025
Amici brief of Truck Safety Coalition, et al. not accepted for filing. (To be corrected - December 8, 2025)
Dec 8, 2025
Brief amici curiae of Truck Safety Coalition, et al. filed. (Corrected)
Dec 8, 2025
Brief amicus curiae of Robert Cox filed.
Dec 8, 2025
Brief amicus curiae of Preemption Scholars filed.
Jan 2, 2026
SET FOR ARGUMENT on Wednesday, March 4, 2026.
Jan 8, 2026
Record requested from the United States Court of Appeals for the Seventh Circuit.
Jan 14, 2026
Brief of respondents Caribe Transport II, LLC, et al. filed.
Jan 14, 2026
Brief amicus curiae of American Honda Motor Co., Inc. filed.
Jan 21, 2026
CIRCULATED
Jan 21, 2026
Brief amicus curiae of United States filed. (Distributed)
Jan 21, 2026
Brief amici curiae of Amazon.com, Inc., et al. filed. (Distributed)
Jan 21, 2026
Brief amici curiae of Interested Freight Brokers filed. (Distributed)
Jan 21, 2026
Brief amici curiae of Nebraska, et al. filed. (Distributed)
Jan 21, 2026
Brief amicus curiae of Airlines for America filed. (Distributed)
Jan 21, 2026
Brief amicus curiae of OurBus, Inc. filed. (Distributed)
Jan 21, 2026
Brief amicus curiae of National Association of Manufacturers filed. (Distributed)
Jan 21, 2026
Brief amicus curiae of Washington Legal Foundation filed. (Distributed)
Jan 21, 2026
Amicus brief of Tokio Marine Houston Casualty Company not accepted for filing. (To be corrected - January 23, 2026)
Jan 21, 2026
Brief amicus curiae of Tokio Marine Houston Casualty Company filed. (Corrected) (Distributed)
Jan 21, 2026
Brief amici curiae of Professor Keith Hylton, et al. filed. (Distributed)
Jan 21, 2026
Brief amicus curiae of Transportation Intermediaries Association, Inc. filed. (Distributed)
Jan 21, 2026
Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed. (Distributed)
Jan 21, 2026
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Jan 23, 2026
Record received from the United States Court of Appeals for the Seventh Circuit. The record is electronic and is available on PACER.
Feb 13, 2026
Reply of petitioner Shawn Montgomery filed. (Distributed)
Feb 20, 2026
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Mar 4, 2026
Argued. For petitioner: Paul D. Clement, Alexandria, Va. For respondents: Theodore J. Boutrous, Jr., Los Angeles, Cal.; and Sopan Joshi, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
May 14, 2026
Judgment REVERSED and case REMANDED. Barrett, J., delivered the opinion for a unanimous Court. Kavanaugh, J., filed a concurring opinion, in which Alito, J., joined.
Jun 15, 2026
Judgment Issued.

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