FAAAA Preemption Found Quickly In Wake Of Ye, Aspen

• Published date: 14 February 2024
• Law Firm: Lewis Brisbois Bisgaard & Smith LLP
• Author: Mr Todd A. Gray, Joelle Nelson and Joseph McGuire

Pittsburgh, Pa. (February 5, 2024) - As we previously reported, there have been several Circuit opinions confirming that the Federal Aviation Authorization Administration Act preempts state law tort claims against freight brokers. The monumental impact of these opinions can be seen in a recent set of decisive federal district court decisions. These decisions demonstrate that not only is the scope of FAAAA preemption broad, but that preemption can be established early in the proceedings at the motion to dismiss stage.

Mays v. Uber Freight, LLC, et al.
2024 U.S. Dist. LEXIS 15434*; WL 332917 (W.D. N.C. Jan 29, 2024)

In Mays, Uber Freight, LLC, was hired to arrange an interstate shipment. Uber Freight, in turn, contracted with a motor carrier, Pop Trucking, for the transportation of the shipment. During transport, Pop Trucking's driver rear-ended the Mays. Thereafter, the Mays filed suit against Uber Freight and Pop Trucking in the U.S. District Court for the Western District of North Carolina.

The Mays plaintiffs advanced state common law claims of wrongful death, negligence, and negligent hiring, training, supervision, and retention against Uber Freight. The Mays plaintiffs further alleged that although Uber Freight hired Pop Trucking to execute the shipment, Uber Freight was a carrier under the FAAAA because it held itself out as providing motor vehicle transportation for compensation. In support, the complaints cited Uber Freight's motor carrier and DOT numbers.

Uber Freight filed a motion to dismiss in response to...