353 F. Supp. 3d 892
D. Ariz.2019Background
- C.H. Robinson (Robinson), a freight broker, contracted with Luga Transportation to move glyphosate from Texas to Arizona in August 2015.
- Luga driver Manuel Prado lost control; the trailer rolled and blocked the interstate near Gila Bend, causing a collision in which plaintiff Robert Nyswaner was injured.
- Nyswaner previously sued Luga and Prado in state court and settled; he then sued Robinson alleging negligent hiring (and related tort claims).
- Robinson moved for summary judgment arguing the Federal Aviation Administration Authorization Act (FAAAA) preempts Nyswaner’s negligent-hiring claim.
- The court evaluated whether the negligent-hiring claim is a generally applicable common-law duty or a state law "related to" broker prices, routes, or services that the FAAAA preempts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether FAAAA preempts negligent-hiring claim | Nyswaner contends negligent-hiring is a traditional, generally applicable tort claim and not aimed at regulating carrier prices/routes/services | Robinson contends FAAAA preempts the claim because it would regulate broker services and interfere with interstate transportation regulation | Denied — negligent-hiring claim is not preempted |
Key Cases Cited
- Dan's City Used Cars v. Pelkey, 569 U.S. 251 (explains FAAAA’s purpose to displace state laws that substitute regulatory commands for market forces)
- Dilts v. Penske Logistics, LLC, 769 F.3d 637 (9th Cir. 2014) (distinguishes generally applicable background rules from laws targeting carrier services; guides FAAAA preemption analysis)
- California Trucking Ass'n v. Su, 903 F.3d 953 (9th Cir. 2018) (general applicability relevant to whether state law affects prices, routes, services)
- Rowe v. New Hampshire Motor Transport Ass'n, 552 U.S. 364 (state laws focused on trucking services may be preempted under FAAAA)
- Charas v. Trans World Airlines, Inc., 160 F.3d 1259 (9th Cir. 1998) (deregulatory statutes do not immunize carriers from run-of-the-mill personal injury tort liability)
- Northwest, Inc. v. Ginsberg, 572 U.S. 273 (common-law claims can fall within preemption when they are "other provision[s] having the force and effect of law")