A new bill introduced in Congress would give federal courts original jurisdiction over state venues in limited civil cases involving interstate commercial trucking accidents.
The Forum Accountability and Integrity in Roadway (FAIR) Trucking Act, introduced by Congressman Tom Barrett (R-Michigan) and Congresswoman Ashley Hinson (R-Iowa) and Congressman Brandon Gill (R-Texas), would protect against forum shopping in civil actions when the amount in controversy exceeds $5 million and the accident occurred in interstate commerce.
Proponents of the legislation say it would protect the trucking industry against frivolous lawsuits filed by plaintiffs attorneys. The bill’s sponsors allege personal injury attorneys often try civil cases in state courts where they believe they will have more favorable juries and a greater likelihood of larger payouts.
Rep. Barrett said trucking companies are currently being ambushed in “handpicked courtrooms” selected by the plaintiffs bar.
“This bill will restore fair and balanced litigation while ensuring that our truckers, trucking companies, and owner-operators can keep our commerce flowing,” Rep. Barrett said.
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A report from Marathon Strategies found that nuclear verdicts – verdicts of $10 million or more – occur more often in state court than federal courts, with state courts accounting nearly double the total sum of verdicts than federal courts ($20.1 billion vs. $11.2 billion) in 2024.
The American Property Casualty Insurance Association (APCIA) said the legislation would ensure that cases are heard in appropriate jurisdictions, which in return will curb abusive legal tactics and promote a more predictable and equitable legal environment.
“The FAIR Trucking Act is a critical step toward restoring balance and fairness in our legal system,” said Sam Whitfield, APCIA’s senior vice president of federal government relations and political engagement. “Frivolous litigation targeting the trucking industry not only drives up insurance costs but also threatens the stability of our supply chain and the livelihoods of small businesses across the country.”
The bill is H.R. 5268. A full text of the bill can be .
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