ILLINOIS — Attorneys for Shawn Montgomery and defendants, including C.H. Robinson, filed a joint request on June 30, 2026, with the Seventh Circuit Court of Appeals to remand the case to the federal district court for the Southern District of Illinois. The filing follows a May 2026 U.S. Supreme Court ruling that overturned a lower court's decision regarding Federal Aviation Administration Authorization Act preemption.
The Supreme Court sent the case back to the Seventh Circuit Court of Appeals after its May 2026 ruling. The joint filing asserts that the case should be remanded for further proceedings concerning negligent-hiring claims against C.H. Robinson, stating the Supreme Court determined such claims are not preempted by the Federal Aviation Administration Authorization Act.
The defendants listed in the joint filing include various divisions of C.H. Robinson and Luis Lopez, representing Caribe Transport II. The case remains titled Montgomery vs. Caribe Transport II, with C.H. Robinson among other defendants. Shawn Montgomery is a truck driver who lost his leg in 2017 after being struck by a truck operated by Caribe Transport II on an Illinois highway. Caribe Transport II was booked by C.H. Robinson at the time of the 2017 incident.
Caribe Transport II carries a conditional rating from the Federal Motor Carrier Safety Administration (FMCSA). Greg Feary, president and managing partner at Scopelitis law firm, said, "I thought the chances of a settlement in the case were fairly likely, given the fact that Caribe carried a conditional rating from the Federal Motor Carrier Safety Administration (FMCSA), which meant it had certain safety deficiencies."
Marc Blubaugh, co-lead of the Transportation & Logistics practice at the Benesch Law Firm, discussed the appellate court's role. He said, "The appellate court's role here is largely procedural—it acts as an intermediary or conduit to ensure the Supreme Court's instructions are carried out, but it generally does not revisit the merits of the case unless specifically directed to do so."
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