6th Circuit Holds FAAA Safety Exception Applicable to Negligent Hiring Claims Against Brokers

by Shelby Sanford, Esq.

On July 8^th, 2025, the 6th Circuit ruled in Cox v. Total Quality Logistics, Inc., that negligent hiring claims against a freight broker fall under the “safety exception” of 49 U.S.C.§14501(c)(2)(A) of the Federal Aviation Administration Authorization Act (“FAAA”), meaning these claims are not preempted. This decision adds to the current circuit split, aligning the 6th Cir. with the 9th Cir., while the 11th Cir. and 7th Cir. disagree.

Underlying Case Facts & Procedural History
The Cox Case stems from a 2019 collision involving Golden Transit, Inc., hired by freight broker Total Quality Logistics (“TQL”). Golden Transit’s driver crashed into Greta Cox's vehicle, resulting in her death. Mr. Cox filed a lawsuit against TQL, alleging negligent hiring due to Golden Transit's publicly documented history of road violations and unfit drivers.

The District Court dismissed the lawsuit, ruling that the preemption provision in 49 U.S.C.§14501(c)(1) applied and the safety exception in 49 U.S.C.§14501(c)(2)(A) did not. Mr. Cox appealed, and the case advanced to the 6th Cir. Court of Appeals.

What Has Not Changed: Negligent Hiring Claims Against Brokers Fall Within the Preemption Provision.
49 U.S.C.§14501(c)(1) states that any “state law, regulation, or other provision having the force and effect of law related to a price, route, or service of any broker with respect to the transportation of property" is preempted. The 6th Cir. cites the Supreme Court's ruling in Northwest, Inc. v. Ginsberg, which held that this provision includes common law claims, such as negligent hiring. Applying the relatedness standard in Rowe v. N.H. Motor Transp. Ass’n, the 6th Cir. further concluded that Mr. Cox’s claim was related to the operational practices of the broker, aligning the 6th Cir. with the rationale of the other Circuit Courts. The real divergence is the application of the safety exception.

What’s New: 6th Cir. Applies Safety Exception to Negligent Hiring Claims Against Brokers.
49 U.S.C.§14501(c)(2)(A) exempts issues related to “the safety regulatory authority of a State with respect to motor vehicles” from preemption. The 6th Cir. applies a two-prong test: (1) Is the negligent hiring claim part of the state's "safety regulatory authority"? and (2) Is it “with respect to motor vehicles”?

The 6th Cir. refers to the Supreme Court precedent in Kerns v. R.R. Friction Prods. Corp. that common-law duties are part of a state's regulatory authority, aligning with the FAAA's intent to exempt state laws related to brokers' transportation services, which naturally include certain common-law claims such as negligent hiring. A consensus exists among Circuit Courts on this prong; however, the connection between a negligent hiring claim and motor vehicles is debated.

Without Supreme Court guidance on the second prong, the 6th Cir. leans on the statute's "plain language." Mr. Cox’s claim centers on TQL's failure to exercise reasonable care in hiring Golden Transit due to known safety violations. The 6th Cir. found that these violations were closely tied to motor vehicles and rejected TQL's argument, an argument echoed by the 7th and 11th Circuits, that a "direct connection" is required between state law and motor vehicles. However, because the statute uses the phrase "with respect to," the 6th Cir. interprets this as synonymous with "relating to", rather than requiring a direct link.

The 6th Cir. further diverges from the 7th Cir. and 11th Cir. in its interpretation of "motor vehicles.” While the latter Circuits argue that a broker is too removed from a motor vehicle, the 6th Cir. has ruled that the focus should be on the relationship between state law and motor vehicles and their operations. Further, the 6th Cir. notes that the rationale of the 7th Cir. and 11th Cir. imposes additional restrictions not found in the statute. Thus, going forward, in the 6th Cir., negligent hiring claims against brokers that relate to motor vehicles and motor vehicle operations will fall within the safety exception.

Please reach out to a member of Reminger’s Trucking and Commercial Transportation Practice Group for more information.