Pittsburgh, Pa. (August 21, 2024) - On the heels of a recent decision from the U.S. District Court for the Southern District of Texas dismissing state law negligence claims against a broker based on Federal Aviation Administration Authorization Act (FAAAA) preemption in Farfan v. Old Dominion Freight Line, Inc., the U.S. District Court for the Eastern District of Louisiana has now joined the chorus of courts adopting this position by granting a motion to dismiss a broker defendant in a case filed by a plaintiff injured in a motor vehicle accident in Jefferson Parish, Louisiana in September 2021. Jill Bailey v. Progressive Mutual Insurance Company, et al., U.S. District Court for the Eastern District of Louisiana, Case No. 22-5161 (August 16, 2024).
The plaintiff, Jill Bailey, filed suit asserting claims under Louisiana state negligence law for personal injuries suffered in the accident. Bailey's petition alleged that Jose Alvaregna Perez improperly turned and struck the side of her vehicle while driving a truck for his employers and defendants, Mascar Group, LLC and Hector Cordies Torres. The truck was carrying a load for U.S. Foods, Inc., also named as a defendant in the suit. After removal of the action to federal court, the plaintiff joined Direct Connect Logistix, Inc. as a defendant in the second amended complaint, as the broker that hired Mascar to transport the load on behalf of U.S. Foods. The second amended complaint set forth claims against Direct Connect Logistix for negligent hiring...
