C.H. Robinson (CHRW) Tightens Carrier Eligibility After Supreme Court Exposes Brokers to Negligent-Selection Liability

C.H. Robinson began immediately removing carriers with elevated FMCSA safety scores from its platform, effective May 30, 2026, in a policy change that follows a unanimous Supreme Court ruling exposing freight brokers to state-law negligent-hiring claims. The decision, Montgomery v. Caribe Transport II on May 14, 2026, eliminated the federal preemption defense, allowing lawsuits against brokers, like C.H. Robinson, for selecting unsafe carriers. C.H. Robinson’s notice cites FMCSA BASIC data as the criterion, moving non-compliant carriers to non-certified status and blocking access to its load board. The company has not publicly tied the action to the ruling, but the two-week gap suggests a direct response to new legal risks, where nuclear verdicts can exceed $10 million. The tightening threatens available capacity as carriers with elevated scores lose freight access, but grants leverage to those with clean profiles. For small carriers, safety scores now carry immediate commercial weight, potentially driving a market sorting event.