Suing the Freight Broker: The Solvent Defendant in Trucking-Crash Cases

Matthew E. Wright
Michael Leizerman
Rena M. Leizerman
Matthew E. Wright | The Law Firm for Truck Safety LLP
Michael Leizerman | The Law Firm for Truck Safety LLP
Rena M. Leizerman | The Law Firm for Truck Safety LLP

Live Video-Broadcast: August 21, 2026

2 hour CLE

Tuition: $195.00
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Program Summary

The Deepest Pocket Just Lost Its Shield

On May 14, 2026, the Supreme Court decided Montgomery v. Caribe Transport II, LLC. The ruling resolved a 2-2 circuit split and confirmed that FAAAA preemption does not bar state-law negligent-hiring claims against freight brokers. The preemption defense that ended broker cases at the pleading stage is gone.

The stakes are structural. Sue only the carrier and a minimum-limits policy caps the recovery. Name the broker and the insurance picture changes. Plead breach without FMCSA SAFER and SMS data and the complaint invites dismissal. Wait to send a preservation letter and broker-held vetting records disappear.

This two-hour program moves from pleading to proof. Attendees leave able to structure negligent selection and vicarious liability claims and draft targeted document requests. They will prepare 30(b)(6) depositions of the broker's vetting designee, connect carrier selection to the crash, and build a damages narrative calibrated to the nuclear verdict environment.

Key topics to be discussed:

  • The Montgomery Reset
    How the Supreme Court's May 14, 2026 ruling in Montgomery v. Caribe Transport II, LLC removes FAAAA preemption as a bar to state-law negligent-hiring claims against freight brokers.
  • Pleading Negligent Selection
    The elements of the claim and the publicly available FMCSA SAFER and SMS data that support a breach allegation at the pleading stage.
  • Vicarious Liability Theories
    How control theory differs from agency-based vicarious liability and which operational facts trigger each path.
  • Surviving Defenses
    The defenses that remain viable after Montgomery and how to draft initial pleadings around them.
  • Preservation and Discovery
    What a preservation letter must demand from a freight broker, which broker-held records to request, and what a 30(b)(6) deposition of the vetting designee must establish.
  • Causation and Damages
    Proving the standard of care, building the causation bridge between carrier selection and the crash, and mapping insurance gaps and forum strategy for the nuclear verdict environment.

This course is co-sponsored with myLawCLE.

Date / Time: August 21, 2026

  • 1:00 pm – 3:10 pm Eastern
  • 12:00 pm – 2:10 pm Central
  • 11:00 am – 1:10 pm Mountain
  • 10:00 am – 12:10 pm Pacific

Closed-captioning available

Speakers

Matthew E. Wright, Managing Partner | The Law Firm for Truck Safety LLP

Matthew E. Wright is the Managing Partner of The Law Firm for Truck Safety’s Tennessee office and a third-generation Tennessee lawyer. He began his career defending large insurance companies before moving to the plaintiffs’ side, where he now represents people catastrophically injured in truck crashes across the country. He serves as the 2025 to 2026 Chair of the American Association for Justice Interstate Trucking Litigation Group.

  • Education & Credentials

Mr. Wright earned his J.D. from Vanderbilt University Law School and his B.A. from Vanderbilt University, and he graduated from the Gerry Spence Trial Lawyers College in DuBois, Wyoming in 2011. He is board certified in truck accident law by the National Board of Trial Advocacy and was among the first ten lawyers in the country to earn that certification in 2019. He is licensed in Tennessee and Ohio and admitted to multiple federal district courts, including the Western, Middle, and Eastern Districts of Tennessee, the Northern District of Ohio, and the Eastern District of Texas.

  • Recognition & Leadership

Mr. Wright received the American Association for Justice Trucking Litigation Group Roadway Safety Award in 2024 and the group’s Chairwoman’s Award for Distinguished Service in 2019 and 2020. He has been rated 10 of 10 Superb and a Top Truck Accident Attorney by Avvo since 2014, named to the National Trial Lawyers Top 10 Trucking Lawyers each year since 2017, and belongs to the Multi-Million-Dollar Advocates Forum, a group limited to roughly one percent of United States lawyers.

  • Professional Involvement

He serves as an Officer and Executive Board member of the American Association for Justice Interstate Trucking Litigation Group, where he is the 2025 to 2026 Chair, and sits on the Board of Regents of the Academy of Truck Accident Attorneys. He founded and chaired a national litigation group focused on transportation companies’ use of software applications and telematics to control and direct truck drivers. His memberships include the Tennessee Trial Lawyers Association, the Tennessee Bar Association, the Nashville Chapter of the Federal Bar Association, and the Christian Trial Lawyers Association.

  • Experience

Mr. Wright has more than 20 years of experience in trucking law, personal injury, and wrongful death litigation, with a proven record of multi-million-dollar recoveries against some of the country’s largest trucking and logistics companies. He is a nationwide speaker, presenter, published author, and attorney trainer on truck law and trial tactics. His published work includes the Hidden Motor Carrier (Agency) chapter in Litigating Truck Accident Cases and articles in the AAJ Interstate Trucking Litigation Journal.

 

Michael Leizerman, Founder | The Law Firm for Truck Safety LLP

Michael Leizerman is a founder of The Law Firm for Truck Safety and handles truck accident litigation across the United States, concentrating his practice in select catastrophic injury truck collision cases. He founded the American Association for Justice Trucking Litigation Group in 2002 and served as its first Chair, and he is a co-founder of the Academy of Truck Accident Attorneys.

  • Education & Credentials

Mr. Leizerman is admitted to practice before the United States Supreme Court and in Ohio, Florida, Michigan, Tennessee, Illinois, New York, and Iowa. He is one of the first board certified truck accident lawyers in the country and one of the writers of the National Board of Trial Advocacy’s Truck Accident Law board certification exam. He also attended truck driving school and holds a Class A Commercial Driver’s License.

  • Recognition & Leadership

Mr. Leizerman has obtained record-breaking truck accident settlements and verdicts across the country, including multiple verdicts with punitive damages. He has personally received more than 30 verdicts and settlements of $2 million or more, including six in excess of $10 million. In one matter he handled, the United States Supreme Court denied certiorari review, leaving the ruling in favor of his client’s verdict intact.

  • Professional Involvement

He founded the American Association for Justice Trucking Litigation Group and served as its first Chair, cofounded the Academy of Truck Accident Attorneys, and has taught and lectured well over 100 times to other lawyers on trucking topics for continuing legal education.

  • Experience

Mr. Leizerman has taken 15 truck and bus cases to trial since 2002. He is the co-author, with Rena Leizerman, of the multi-volume treatise Litigating Truck Accident Cases, published by West Publishing, and the author of The Zen Lawyer: Winning with Mindfulness, published by Trial Guides in 2018.

 

Rena M. Leizerman | The Law Firm for Truck Safety LLP

Rena M. Leizerman concentrates her practice in trial and appellate litigation involving serious personal injury and wrongful death arising from commercial motor vehicle collisions. She obtained the first punitive damage verdict against a freight broker for negligent selection, has successfully opposed petitions for certiorari to the United States Supreme Court, and has litigated numerous issues of first impression in courts across the country. She also drafts and submits amicus curiae briefs on behalf of the Academy of Truck Accident Attorneys.

  • Education & Credentials

Ms. Leizerman earned her J.D. from Washington University in St. Louis School of Law in 2000, where she was elected to the Order of the Coif and served on the executive editorial board of the Washington University Journal of Law & Policy. She received her B.A. in Philosophy with Honors from Washington University in St. Louis in 1995. She is licensed in Illinois and Ohio, admitted to the United States Supreme Court and the Fifth, Sixth, Seventh, and Ninth Circuit Courts of Appeals, and board certified in trucking law by the National Board of Trial Advocacy.

  • Recognition & Leadership

Ms. Leizerman received the National Board of Trial Advocacy President’s Award and the Academy of Truck Accident Attorneys Munley Award, both in 2022. She successfully opposed the petition for certiorari to the United States Supreme Court in Miller v. C.H. Robinson, developed the National Board of Trial Advocacy’s Truck Accident Law board certification exam and standards, and is the founding president of the National Board of Truck Accident Attorneys.

  • Professional Involvement

She has served on the Academy of Truck Accident Attorneys Board of Regents since 2016 and chairs its Amicus Committee, sits on the board of the National Board of Trial Advocacy, and serves on the Executive Board of the American Association for Justice Trucking Litigation Group as Co-Chair of its Amicus Committee. She has taught a seminar on the laws and regulations governing truck and automobile collisions at the University of Toledo College of Law and has taught Jurisprudence and Modern Legal Thought there since Spring 2022.

  • Experience

Ms. Leizerman is co-author of the three-volume treatise Litigating Truck Accident Cases, published by West Publishing and updated annually. Her results include a $100 million settlement, an $82.1 million verdict, and a $42.4 million verdict in commercial motor vehicle cases. Before joining The Law Firm for Truck Safety, she practiced for eight years at Skadden, Arps, Slate, Meagher & Flom LLP and served as a law clerk to the Hon. Mark Filip in the Northern District of Illinois. Her published work includes Holding FAST Against Transportation Brokers in TRIAL Magazine.

Agenda

SESSION 1 – Pleading Negligent Selection and Vicarious Liability Against the Freight Broker | 1:00pm – 2:00pm

This session covers how to plead and survive a motion to dismiss negligent selection and vicarious liability claims against freight brokers following the Supreme Court’s landmark ruling in Montgomery v. Caribe Transport II, LLC (May 14, 2026), which resolved a 2-2 circuit split and confirmed that FAAAA preemption does not bar state-law negligent-hiring claims against brokers. Attorneys will learn how to use publicly available FMCSA data to allege breach, how to distinguish negligent selection from agency-based vicarious liability, and how to anticipate the defenses that remain viable post-Montgomery. Attendees will leave able to evaluate broker liability exposure, structure initial pleadings, and identify the factual record needed to survive early dispositive motions.

BREAK | 2:00pm – 2:10pm

SESSION 2 – Discovery, Proving Control, and Building the Damages Case Against the Freight Broker | 2:10pm – 3:10pm

This session equips plaintiffs’ attorneys with the discovery framework, standard-of-care proof structure, and damages strategy needed to litigate negligent-selection claims against freight brokers in the wake of Montgomery v. Caribe Transport II. Attendees will learn how to identify and preserve broker-held records before suit, build the causation bridge between carrier selection and the crash, and exploit the structural insurance gaps that make the broker the case’s most solvent defendant. Attorneys will leave with actionable document request categories, deposition targets, expert witness criteria, and a damages narrative calibrated to the nuclear verdict environment.

Credits

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2 General

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Alabama

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2 General

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2 General

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2 General

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2 General

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2 General

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2 General

District of Columbia

No MCLE Required
2 CLE Hour(s)

Delaware

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2 General

Florida

Approved via Attorney Submission
2 General Hours

Receive CLE credit in Florida via attorney submission.
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Pending CLE Approval
2 General

Hawaii

Approved for CLE Credits
2 General

Iowa

Pending CLE Approval
2 General

Idaho

Pending CLE Approval
2 General

Illinois

Pending CLE Approval
2 General

Indiana

Pending CLE Approval
2 General

Kansas

Pending CLE Approval
2 Substantive

Kentucky

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2 General

Louisiana

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2 General

Massachusetts

No MCLE Required
2 CLE Hour(s)

Maryland

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2 CLE Hour(s)

Maine

Pending CLE Approval
2 General

Michigan

No MCLE Required
2 CLE Hour(s)

Minnesota

Pending CLE Approval
2 General

Missouri

Approved for CLE Credits
2.4 General

Mississippi

Pending CLE Approval
2 General

Montana

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2 General

North Carolina

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2 General

North Dakota

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2 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
2 General

myLawCLE reports attendance to Nebraska on each attorney’s behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
120 General minutes

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New Jersey’s recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
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Approved for CLE Credits
2 General

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2 General

New York

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2 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “B”.
Ohio

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2 General

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2.5 General

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Pending CLE Approval
2 General

Pennsylvania

Approved for CLE Credits
2 General

Rhode Island

Pending CLE Approval
2.5 General

South Carolina

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2 General

South Dakota

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2 CLE Hour(s)

Tennessee

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2 General

Texas

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2 General

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2 General

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2 General Hours

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