Plus: states unite to curb trucking fraud, Transfix’s full shift to freight software, renewed questions over FMCSA’s chameleon carrier system, and more.
TGIF. A bipartisan coalition of states just told the Supreme Court brokers shouldn’t be shielded from crash lawsuits, putting the broker “safe harbor” under real pressure.
Plus:
States Unify Against Trucking Fraud
Transfix Goes Software
FMCSA’s Chameleon Problem
📢
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🛡️ States Unveil Unified Plan to Crack Down on Trucking Fraud. A coalition of state trucking associations rolled out a coordinated plan to close loopholes exploited by bad actors, without new laws. The framework targets seven pressure points, from CDL integrity and broker fraud to ELD abuse and FMCSA data gaps. Leaders say the focus is smarter use of existing data and technology, not added red tape. By pairing AI-driven pattern detection with tighter verification and enforcement, the plan aims to remove illegal operators, protect compliant carriers, and reinforce recent federal crackdowns already pushing unsafe drivers off the road. You can read the full plan here.
💻 Transfix Completes Pivot From Brokerage to Freight Software. Transfix has officially crossed from digital freight brokerage into pure-play freight technology, licensing its internally built brokerage TMS to NFI, the same company that acquired its brokerage business. After a year-long live test, the platform became NFI’s system of record. Co-founder and CEO Jonathan Salama says the software was built by brokers, for brokers, unifying pricing, execution, and settlement into one workflow instead of fragmented tools. Now opened to all brokers and 3PLs, the TMS marks Transfix’s shift from moving freight to selling the infrastructure that runs it.
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The Gist: A bipartisan coalition of 30 state Attorneys General, led by Ohio and Illinois, just filed a fiery amicus brief urging the Supreme Court to let accident victims sue freight brokers for negligence.
Why it matters: This destroys the industry’s "silver shield." For decades, brokers have relied on a 1994 federal law (FAAAA) to block state lawsuits, arguing their only job is arranging transport, not ensuring safety.
If the states win, brokers could be on the hook for "nuclear verdicts" whenever a carrier they hired gets into a crash.
The "Strange Bedfellows"
An article from FreightWaves uses the headline "Strange Bedfellows," referring to the unlikely alliance between pro-tort liberal states and states' rights conservative states.
Their Argument: They claim the FAAAA’s "Safety Exception" grants states the power to regulate safety "with respect to motor vehicles," and that includes holding brokers accountable for hiring unsafe truckers.
The alignment: California (Blue) wants victims compensated. Ohio (Red) wants to preserve state authority against federal overreach.
Current Case We're Watching
At the center of the storm is Montgomery v. Caribe Transport II, a broker liability case now actively moving through the U.S. Supreme Court docket (Caribe Transport was hired through C.H. Robinson to transport the load).
The Court has begun setting timelines for briefs, signaling that it intends to address the long-running split between federal appeals courts.
That split has left brokers exposed in some states and protected in others.
Montgomery squarely asks the Supreme Court to decide which interpretation controls.
On Reddit, Matthew Leffler (u/Armchair-Attorney) states his prediction of how the highest court will swing.
Not Just a Single Case
Here's a timeline of the legal cases that have resulted in the circuit split:
2020 (9th Circuit):Miller v. C.H. Robinson. Broker Loses. Safety exception can allow negligent-selection suits against brokers. (Impacts: CA, WA, OR, AK, and others).
2023 (7th & 11th Circuits):Ye v. GlobalTranz and Aspen v. Landstar. Broker Wins. FAAAA preempts; safety exception doesn’t save claim. (Impacts: IL, IN, WI, FL, GA, AL).
July 2025 (6th Circuit):Cox v. Total Quality Logistics (TQL). Broker Loses. The court widens the split, siding with the 9th Circuit logic. (Impacts: OH, MI, KY, TN).
October 3, 2025: The Supreme Court finally grants certiorari (agrees to hear the case) in Montgomery v. Caribe Transport, seeking to resolve this 2-2 split once and for all.
What They’re Saying
"Congress did not envision removing the states from their traditional role of regulating safety... with a statute aimed at economic deregulation." — Dave Yost, Ohio Attorney General (Lead on the Amicus Brief)
"If the Supreme Court adopts the 9th Circuit's view, the non-asset model faces an existential crisis. Small brokers cannot insure against $50M verdicts." — Transportation Defense Counsel
By The Numbers
2-2: The current split among Federal Appeals Courts.
$411 Million: The record verdict in a 2024 negligent selection case (Florida state court, later reduced but indicative of the risk).
Spring 2026: When a final SCOTUS ruling is expected.
The Bottom Line
Until the Supreme Court rules in 2026, vetting is a broker's only defense. Relying on a "green light" from a monitoring service is no longer enough.
You must prove you went above and beyond—checking safety ratings, verifying insurance directly, and ensuring the driver has a valid CDL—to avoid being labeled "negligent" in court.
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đź“‹ Texas CDL Shift. Texas appears to be tightening oversight of non-domiciled CDLs, with enforcement trends and state actions signaling a quieter pullback.
🌄 Enterprise Expands. Enterprise entered the heavy-truck rental market through its acquisition of Hogan Truck Leasing, adding thousands of Class 8 tractors and trailers to serve commercial fleets.
🔄 Heartland Rebrand. Heartland Express completed the integration and rebrand of CFI, unifying operations under the Heartland name to simplify its national truckload network.
🤝 BlueGrace x Triumph. BlueGrace Logistics has joined the Triumph Logistics Network, expanding access to Triumph’s audit, payment, and capacity tools for brokers and carriers across its platform.
🌎 Mexico Tariffs Rise. Mexico approved tariffs of up to 50% on imports from China and other nations, targeting Asian goods ahead of upcoming USMCA trade negotiations.
🎣 THE FREIGHT CAVIAR CORNER
FreightCaviar Podcast: Is technology enough to fight freight fraud? What can the industry expect in the year ahead? OTR Solutions President Clayton Griffin answers your biggest questions. Catch the episode on YouTube, Spotify, orApple Podcasts.
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I’m Adriana, a writer and editor at FreightCaviar. I’ve covered everything from freight tech to industry lawsuits and market shifts, helping scale us to almost 14K subscribers. My goal: to make logistics stories digestible, clear, and fun to read.
Hello! I'm Jerome FreightCaviar! I’m into the politics of freight and the impact it will have worldwide. I'm always eager to learn more. Follow me on X @JeromeFreightC
Congress is moving to put driverless 80,000-lb trucks on public roads. Plus: 13,000 California CDLs get cancelled, diesel hits a 32-year record, Florida wants $50K to get your truck back, and more.
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