In a recent Law360 article, Ron Leibman addresses whether the US Supreme Court’s decision in Montgomery v. Caribe Transport II increases negligent hiring exposure for shippers. His conclusion—”the answer is that it changes nothing.”
Ron writes that Montgomery addressed broker liability—not shipper liability—and highlights a recent Texas ruling holding that “liability will not attach to a passive shipper” that does not control the truck or driver, or create a specific hazard. As he notes, plaintiffs pursuing negligent hiring claims against shippers still face significant evidentiary and causation hurdles.
The article serves as a timely reminder that strong carrier due diligence, vetting protocols, contractual protections, and insurance requirements remain essential risk-management tools—and are just as important today as they were before Montgomery. If you have questions about what Montgomery means for your business, contact Ron Leibman.