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Total Quality Logistics, LLC v. Robert Cox, as Personal Representative and Special Administrator of the Estate of Greta Cox

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 24-3599 · judgment July 8, 2025


Certiorari denied · May 26, 2026
Pre-decision estimate: 19% cert probability (95% interval 12%–29%)

Before the decision, about 4.7× the 4.1% base rate. The model weighted this up for a petition filed soon after the judgment below, counsel who has won certiorari before, and a Sixth Circuit decision below.

Question presented

The Federal Aviation Administration Authorization Act of 1994 (FAAAA) preempts state laws related to motor carrier and broker prices, routes, and services. 49 U.S.C. 14501(c)(1). Another provision—commonly known as the “safety exception”—preserves the “safety regulatory authority of a State with respect to motor vehicles.” 49 U.S.C. 14501(c)(2)(A). The question presented is: Whether a common-law negligence claim alleged against a freight broker, based on the broker’s selection of a motor carrier to provide transportation of cargo, is preempted because it does not fall within the safety exception in Section 14501(c)(2)(A). (I)

Counsel of record

For petitioner
Kannon K. Shanmugam
Davis Polk & Wardwell LLP

For respondent
Adina H. Rosenbaum
Public Citizen Litigation Group

Case

Conference history
Distributed for 2 conferences

Amicus briefs
2 cert-stage

Proceedings

  1. May 26 2026
    Petition DENIED.
  2. May 18 2026
    DISTRIBUTED for Conference of 5/21/2026.
  3. Sep 10 2025
    DISTRIBUTED for Conference of 9/29/2025.
  4. Sep 10 2025
    Reply of petitioner Total Quality Logistics, LLC filed. (Distributed)
  5. Sep 05 2025
    Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
  6. Sep 05 2025
    Brief amicus curiae of Transportation Intermediaries Association, Inc. filed.
  7. Aug 26 2025
    Brief of respondent Robert Cox in opposition filed.
  8. Aug 04 2025
    Petition for a writ of certiorari filed. (Response due September 5, 2025)