A recent Illinois First District Appellate Court decision, Kaipust v. Echo Glob. Logistics Inc., 2025 IL App (1st) 240530, will have a significant impact on broker liability.  In the case, Jamie Kaipust, as special administrator of the estates of her husband and child, filed a negligent selection claim against Echo Global Logistics, Inc., a transportation broker. Jamie alleged that her husband and child died when their vehicle collided with a tractor-trailer driven by Yorkwind Crawford on September 4, 2021, in Lincoln, Nebraska. The trailer was owned by Critical Supply Solutions (CSS), an interstate motor carrier and Crawford’s employer. Echo had contracted with CSS to transport a load from Iowa to California on the day of the accident.

The court held that the Federal Aviation Administration Authorization Act of 1994 (FAAAA) preempts state law negligent selection claims against trucking brokers under 49 U.S.C.S. ? 14501(c)(1).  However, the court further held that, negligent selection claims against trucking brokers are saved from preemption by the statutory “safety exception” in 49 U.S.C.S. ? 14501(c)(2)(A) for laws implicating the “safety regulatory authority of a State with respect to motor vehicles.  Accordingly, the court held that while the FAAAA does preempt state law negligent selection claims against trucking brokers, such claims are saved by the safety exception, allowing Jamie Kaipust’s claim to proceed.

(Link to Case – https://law.justia.com/cases/illinois/court-of-appeals-first-appellate-district/2025/1-24-0530.html)