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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 known as China’s “motor city,” due to a large manufacturing presence of domestic and foreign car makers and global auto parts suppliers. DHL reports “severe… Read More

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 states, including Virginia, interact with local and municipal governments within those states. In Merriam v. Moody’s Executors, 25 Iowa 163, 170 (Iowa. 1868), Judge Dillon stated:… Read More

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 as workers’ compensation, disability and unemployment insurance, sick leave and other benefits. On the flip side of the coin, the law could prospectively require gig… Read More

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 engages in litigation to quell state efforts to regulate a wide range of workplace standards, including whether a carrier can classify a worker as an… Read More

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 of the Clearinghouse will be imperative. Why? By way of illustration, in 2017, the odds of winning Publishers Clearinghouse’s “$7,000 a week for life” sweepstakes… Read More

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 asking the court to block the new statute from taking effect, claiming that it violates federal law and would harm over 70,000 independent… Read More

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 sue Walmart for selling a holiday sweater that portrays a snowy Santa Claus with three lines of “grade A Colombian” cocaine. Advertised as “Men’s Let… Read More

In 2018, there were 1,618 automobile crashes, 105 serious injuries, and 10 deaths in Virginia reported as attributable to cell phone use while driving (the actual number may be higher). See 2018 Virginia Traffic Crash Facts, Virginia DMV, available at https://www.dmv.virginia.gov/safety/crash_data/crash_facts/crash_facts_18.pdf. Richmond drivers have notoriously high rates of accidents, speeding tickets, DUIs, and citations. A recent study by QuoteWizard identified Richmond as the 10th worst driving city in America based on the aforementioned categories. See The Best and Worst Drivers… Read More