​TLA members should be aware of a decision from the United States District Court for the District of Southern Texas captioned Enbridge Energy, LP v. Imperial Freight Inc. and C.H. Robinson found at 2019 U.S. Dist. LEXIS 70106, *1, 2019 WL 1858881 in which the court held in a cargo loss case that state law claims including negligent hiring of the motor carrier against a freight broker were preempted by the FAAAA.  Click here to read the decision. On the other hand, members should also be aware of a decision in a personal injury case in the United States District Court for the District of Arizona captioned Nyswaner v. C.H. Robinson Worldwide, Inc., found at 353 F. Supp. 3d 892, 893, 2019 U.S. Dist. LEXIS 1048, *1, 2019 WL 95896 in which the court refused to grant summary judgment based on FAAAA preemption on claims that the broker negligently hired the motor carrier. Click here to read the decision. Reviewing the two decisions together, even if alleging FAAAA preemption on behalf of a freight broker, members may also want to develop facts which support summary judgment on the merits of the claim as well and be cognizant of whether there are written agreements delineating the parties’ roles and the impact that personal injury versus cargo loss may have on a Court’s willingness to recognize FAAAA preemption. This continues to be an issue to press for appellate level decisions.