Ohio Judge Revives Broker Claims Against Universal Logistics
Judge James R. Knepp II granted a plaintiff's motions for reconsideration and leave to amend in a case arising from an October 15, 2021 crash, reviving claims against Universal Logistics Holdings and the P.A.M. defendants over Universal's objection. The court had dismissed those claims in January 2023, finding them preempted by the Federal Aviation Administration Authorization Act (FAAAA) and, as to Universal, inadequately pled.
The court said the Supreme Court's May 14, 2026 decision in Montgomery v. Caribe Transport II, LLC changed the legal landscape by holding the FAAAA's safety exception saves negligent-selection claims against freight brokers from preemption. Because Universal's dismissal rested partly on preemption, the court found reconsideration warranted. It rejected Universal's argument that amendment was untimely or futile, noting Universal's original motion to dismiss argued derivative preemption rather than pleading defects. The P.A.M. defendants did not oppose the motions. The court left open, for a later filing, whether a newly added joint-venture claim is timely. Plaintiff must now file the second amended complaint.
What's next
- Plaintiff to file the Second Amended Complaint on the docket.
- Universal may renew pleading or timeliness challenges once the amended complaint is filed.
- No hearing date set in the order.
All sources
- Opinion: McCarter v. Ziyar Express, Inc. et al — Federal court opinion (U.S. District Court Northern District of Ohio), 2026-10-26
