Landmark Appellate Victory for XPO Logistics: Court Affirms No Non-Delegable Duty for Freight Brokers and Confirms FAAAA Preemption

We are proud to announce a significant appellate win on behalf of XPO Logistics in Hu v. XPO Logistics, LLC, 117 Cal.App.5th 1197 (2026). The Court affirmed summary judgment in XPO’s favor, holding that freight brokers do not owe a non-delegable duty with respect to the acts of their motor carriers and that the Federal Aviation Administration Authorization Act (FAAAA) preempts state-law claims that impermissibly target broker services.

Why This Decision Matters

This published, citable opinion provides critical clarity for the transportation and logistics industry by:

  • Confirming that freight brokers are not strictly saddled with carrier conduct through a non-delegable duty theory
  • Reinforcing broad FAAAA preemption where state-law claims would regulate or have a significant impact on broker services
  • Offering a durable framework for disposing of broker-liability claims at the summary judgment stage

Together, these holdings reduce litigation exposure and provide strategic certainty for brokers, 3PLs, shippers, and insurers operating in California and beyond.

Our Role and Strategy

Our team briefed and won summary judgment by focusing the court on the legal functions and risk allocation inherent in broker-carrier relationships. On appeal, we preserved that victory by demonstrating why the non-delegable duty theory could not be extended to freight brokers and why the asserted state-law claims were preempted by the FAAAA. The Court affirmed in full, providing a published decision that strengthens industry defenses and aligns with federal deregulation principles.

Transportation Law Excellence

We combine deep industry knowledge with targeted litigation strategy to secure efficient, business-aligned results. Our transportation and logistics practice regularly:

  • Defends freight brokers, 3PLs, and shippers in catastrophic injury and cargo cases
  • Litigates complex preemption, agency, and independent-contractor issues
  • Crafts dispositive motion strategies to narrow or defeat claims early
  • Guides clients on contracting, risk allocation, and compliance to minimize exposure