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The Future of Motor Carrier Insurance Coverage and Defense

A “nuclear verdict” is generally and most simplistically defined as a jury award in excess of $10 million.  These types of verdicts are most often associated with trucking cases and are typically a combination award of punitive and compensatory damages.  It is no secret nuclear verdicts have been on the rise, coast to coast.  This […]

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Contractor/Subcontractor Arrangements: Let’s Save Time By Assuming You’re Doing it Wrong and About to Get In Trouble

I frequently present on topics related to OSHA/VOSH, Workers’ Compensation, employee handbooks, etc.  Every single time I give one of those presentations at least one person asks about agreements and relationships with contractors or subcontractors.  I answer every one of those questions by telling the questioner that, if any significant part of their goal is […]

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Steve Setliff, of Setliff Law, in the national spotlight!

Congratulations to Steve Setliff, managing partner of Setliff Law, for his recent recognition by the Commercial Carrier Journal as an expert in the area of advising the trucking industry in managing CSA claims. Setliff presented on “Preventing Penalties with CSA Improvements” to the Omnitracs Outlook user conference in Las Vegas on February 17, 2020. Here […]

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Coronavirus Supply Chain Disruption and Force Majeure

Image from Commercial Carrier Journal, https://www.ccjdigital.com/coronavirus-to-impact-freight-volume/ Significant Freight Disruption The deadly coronavirus outbreak that began in Wuhan, China is predicted to have a significant impact on freight volume entering the United States from China.  https://www.ccjdigital.com/coronavirus-to-impact-freight-volume/ Wuhan is a major industrial and transport hub in central China.  According to a report from DHL’s Resilience360, Wuhan is […]

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What is the Dillon Rule and Why Should The Trucking Industry Care?

The age-old argument of where the power of lawmaking should reside – state or local – began with a man named John Forrest Dillion, who was Chief Justice of the Iowa Supreme Court.   In 1868 he stated a rule of law known as the Dillon Rule doctrine that has come to govern how 39 […]

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Keeping Up With California’s Battle Over the Independent Contractor

In recent articles published by this firm, we’ve highlighted ongoing litigation in California, where state legislators are seeking to make it more difficult for companies to classify their drivers as independent contractors.  The California law, Assembly Bill 5 (“A.B. 5”), seeks to provide employee status to additional workers, thus availing them to additional protections such […]

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Contemporary Federal Preemption in Trucking

Interstate long-haul trucking requires carriers to be aware of, and comply with, state regulatory schemes covering a multitude of issues.  Avoiding a patchwork of conflicting laws is critical in the long-haul trucking arena, where carriers and drivers may need to comply with varying state regulations on an hour-by-hour basis. As such, the trucking industry regularly […]

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PART III: Clearinghouse Practicality: The Changing Marijuana Landscape and the DOT Driver

If you are a motor carrier and are not registered for the FMCSA Clearinghouse, do so now.  The Jan. 6 implementation date is here.  As we have discussed in Part I and Part II, registering for and utilizing the Clearinghouse are important steps in the process.  As we move forward, however, compliance with the process […]

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Dynamex Fallout: Truckers Seek to Toss CA’s New Gig Economy Law as Trucking Companies Cut Ties with Independent CA Drivers

We’re now just a few weeks away from the nation’s most stringent independent contractor misclassification law taking effect in California. But if a group of truck drivers have their way, the law will stall out before it ever gets on the road. The California Trucking Association filed an amended lawsuit in federal court on November 12, 2019 […]

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Holiday Legal Issues Only Scrooge Would Love

For your enjoyment, here are some 2019 holiday themed legal issues only Scrooge could love . . . threatening litigation over  holiday sweaters, attacking favorite holiday candy and gifts, endless HOA litigation over holiday decorating, and “stealing” from the Grinch.  Bah! Humbug!  The Coke Snorting Santa Sweater – A Colombian government agency is threatening to […]

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