» Uncategorized

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 trend, particularly when combined with the recent soft market, has resulted in an average insurance premium renewal rate increase of approximately 20 percent or more.… Read More

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 to avoid liability, either to the contracting person or entity or to third parties, they’re probably doing exactly what the rules and regulations are intended… Read More

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 is an excerpt from the article: The record number of motor carrier bankruptcies last year was due, in no small part, to higher insurance premiums… Read More

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