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Federal Agencies
A final rule on EOBR and HOS Complaince has been delayed until further notice.
S 40 National Insurance Act of 2007.
State Legislation
Missouri SB 62 LAW: Castle Doctrine. Gives people in homes, cars, and truck drivers, wide discretion in the use of deadlyforce against intruders providing immunity from criminal and civil actions for injury of death as a result of defending self or others.
State Agencies
Alabama Trucking Association plans opposition to truck-only toll lane sin Georgia and has petitioned the FMCSA to retain the HOS regulations.
Decisions & Opinions
BRENDLIN v. CA The Supreme Court extended to automobile passengers the same right that drivers have: the right to challenge the validity of a decision by the police to stop the car.
Weiss v. First Unum Life Ins. Co., No. 05-5428 In a suit against an insurer under the Racketeer Influenced and Corrupt Organizations Act (RICO) claiming it discontinued payment of plaintiff's disability benefits as part its racketeering scheme involving an intentional and illegal policy of rejecting expensive payouts to disabled insureds, dismissal of plaintiff's claim is reversed where the McCarran-Ferguson Act, 15 U.S.C. sections 1011-1015, did not bar plaintiff's civil RICO claim.
Jury Verdicts
Missouri: West County EMS & Fire Protection Dist. v. Danzig -Insurance broker failed to timely cancel insurance policy and disclose financial interest in new, recommended insurer
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COAST TO COAST QUARTERLY
Transportation and Insurance Newsletter |
Fall 2007, Volume 2, Issue 2 |
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McElfish Law Firm |
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Tactics, Exposure & Ethics in "Bad Faith" Transportation Litigation
By
Raymond D. McElfish
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Normally, you defend in litigation as aggressively as possible and you do not have to worry about how those tactics will be construed. In bad faith cases, insurers may often have a duty to disclose evidence that ACTUALLY HELPS THE POLICYHOLDER prosecute its claim against the insurer, which may in turn increase its exposure in the bad faith litigation. Counsel for the policyholder will be looking for ways to increase or supplement the exposure to the carrier or the lawyer by scrutinizing the tactics in the case and by trying to make defense counsel a witness.
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Unlike most other types of litigation, common law and statutory litigation and settlement privileges do not immunize the conduct of counsel in bad faith cases.
Click to view the presentation
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DOT Announces Pilot Program to Allow Mexican Trucks into the U.S.
By Joseph W. Pappalardo, Gallagher Sharp, Cleveland OH |
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On February 23, 2007, in El PAso Texas, U.S. Secretary of Transportation Mary E. Peters announced a cross-border trucking pilot program, the key feature of which will allow a limited number of Mexican-based trucks to travel throughout the United States. It is clear that DOT believes that the program is safe, that all Congressional prerequisites have been met, and that Mexican motor carriers will be held to an appropriate standard. Equally clear is the trepidation with which labor, public advocacy groups, and some U.S. industry representatives |
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Joseph W. Pappalardo
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Speak the Same Language to Maximize Mediation Dollars
By - Jeffrey Krivis and Mariam Zadeh, First Mediation Corporation, Encino, CA |
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Parties come to mediation with different objectives. Some want closure, confidentiality or free discovery, while others were referred by the court and attend by obligation. Most however, participate because they want to maximize their recovery dollars. If you fall into this category, read on.
In the second edition of David Ball on Damages – The Essential Update, Dr. Ball presents 10 basic principles that shape a juror’s decision making process on awarding money to the plaintiff. Like the Ball approach, this article synthesizes into five steps the intangible elements that factor into the defense perspective when arriving at a settlement. This is important, as a key to settlement is having your adversary be your biggest advocate with their client. Once this occurs, you are on the road to success.
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While nothing is foolproof, understanding and effectively applying these principles in settlement negotiations can dramatically increase the likelihood of a productive negotiation and lead to higher settlement figures at the bargaining table.
In order to effectively apply these principles and get great settlement results, the message received must be the message intended. Surprisingly, this does not occur often because the parties are basically speaking different languages.
With this in mind, consider the old story about a small tribe in Africa. This tribe was isolated for many years, and in their native language , they never developed a system of numbers. Their entire numbering system is “one, two” then, “many.” Anything more than two is “many.” Now, in this system, if you had three children, you would say you had “many.” If you had 20, you would also have “many.”
Click to read the entire article
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First Mediation Corporation
Telephone: (818) 784-4544
Facsimile: (818) 784-1836
First Mediation Corporation
Telephone: (818) 784-4544
Facsimile: (818) 784-1836
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