Oklahoma Judge: FAAAA Doesn't Shield Broker From Liability Suit
A federal judge denied Allen Lund Company's motion to dismiss a vicarious-liability claim brought by the estate of Adelfino Alaniz, who died in a crash involving driver Gurmeet Singh. The plaintiff alleges Allen Lund, a freight broker, contracted with Singh and Ishkiret's Group to haul loads and controlled hiring, training, routing and performance evaluation, creating a principal-agent relationship.
Allen Lund argued the Federal Aviation Administration Authorization Act preempts the claim. The court disagreed, citing the Supreme Court's 2026 decision in Montgomery v. Caribe Transportation II, which held negligent-hiring claims against brokers fall within the FAAAA's safety exception because they concern motor vehicles. The Oklahoma court found that reasoning extends to vicarious-liability claims, joining courts in Arizona and Texas that read Montgomery the same way, while noting a Louisiana court declined to extend it to a cargo-theft claim.
The court also held the complaint's allegations about Allen Lund's control over Singh's hiring, routing and performance were specific enough to survive dismissal under federal pleading standards.
What's next
- Case proceeds in the Western District of Oklahoma on the merits of the vicarious-liability claim.
- Watch for appellate review or a circuit split on how far Montgomery's safety exception reaches.
All sources
- Opinion: Obispo v. Ishkirets Group LLC et al — Federal court opinion (U.S. District Court Western District of Oklahoma), 2026-11-09
