Brokering in the patchwork: Best practices to avoid liability for negligent selection

July 5, 2022

United States Supreme Court on June 27 declined review of the Ninth Circuit Court of Appeals’ decision in Miller v. C.H. Robinson – a case that has been of keen interest to the transportation industry, particularly brokers, for quite some time.

Without the Supreme Court’s review, the decision of the case will stand, which held a broker liable for a personal injury claim on the theory of “negligent selection,” meaning the broker was careless in choosing the motor carrier that caused the injury. Unless SCOTUS picks up a similar case in the future, this decision is now the “law of the land,” at least in parts of the United States.