Alerts

The Supreme Court of the United States will finally settle the circuit court split around the country and address whether state common law claims for negligent hiring/selection are indeed preempted by the Federal Aviation Administration Authorization Act of 1994 (FAAAA). The Court’s ultimate decision will determine whether plaintiffs are permitted to assert claims for negligent hiring/selection against freight brokers or whether such claims are barred.

Through the special provisions of the Harmonized Tariff Code of United States (HTSUS), 9817.00.50 and 9817.00.60, U.S. law provides a duty-free mechanism that allows eligible machinery, tools, and equipment that are genuinely used for farming or horticulture to enter the U.S. without paying any customs duties.

On August 22, 2025, Secretary of State Marco Rubio announced the federal government will pause issuing new visas for foreigners seeking to be commercial truck drivers. Rubio did not specify how long the pause would last, though visa allocations are traditionally tied to the federal fiscal year, which ends on September 30, 2025. With uncertainty surrounding both the scope and duration of the pause, trucking companies and logistics providers should take proactive steps to protect operations and minimize risk.

Last Friday, on August 29, 2025, the CAFC ruled that the IEEPA does not authorize the president to impose the covered IEEPA Tariffs. The CAFC further sent the matter back to the CIT to reconsider whether relief should be limited only to those parties that participated and whether the IEEPA tariffs should not be paid pending further appeal. The administration has confirmed that they will seek review by the U.S. Supreme Court.