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|Forum Non Conveniens in the Keystone State: A Common Sense ApproacForum Non Conveniens in the Keystone State: A Common Sense Approach|
Jason T. LaRocco, Michael J. Needleman; Fineman Krekstein & Harris, P.C.;
October 30, 2015A motor vehicle accident occurs in Lehigh County, Pennsylvania and almost of the witnesses and medical records are located there as well. Nevertheless, the Complaint was filed nearly 100 miles away in the Philadelphia County Court of Common Pleas. In fact, it appears that the only connection to...
|The Truck Driver: A Cornerstone of the Defense|
Mitchell Hedrick; Heyl, Royster, Voelker & Allen Professional Corporation;
October 22, 2015, previously published on Summer 2015Oh my God, what just happened? Where did that car come from? That was a really hard impact...Is the driver okay? Were there any passengers? Oh God, did I just hurt a kid? Do I need to do any first aid? Do I need to call the police or an ambulance? Did I do anything wrong? Am I going to get a...
|A Driver Shortage With No End In Sight|
Brian Smith; Heyl, Royster, Voelker & Allen Professional Corporation;
October 22, 2015, previously published on Summer 2015Trucking is essential to the U.S. economy. According to the American Trucking Associations (ATA), approximately 70% of all inland freight in the United States is carried by trucks. Accordingly, the trucking industry is vital to nearly every segment of the economy. As the economy grows, so too does...
|Preparing the Truck Driver for His Deposition|
Heidi Ruckman; Heyl, Royster, Voelker & Allen Professional Corporation;
October 22, 2015, previously published on Summer 2015The deposition of a truck driver is an integral part of the litigation process. A recent article in the American Trial Lawyer noted that "the deposition of the professional truck driver in a truck crash is one of the most vitally important phases of the entire litigation. The outcome of this...
|Right on Paper But Wrong in the Body: "Off Duty & On Duty" Discussion from the Eyes of a Litigator|
Douglas Heise; Heyl, Royster, Voelker & Allen Professional Corporation;
October 22, 2015, previously published on Summer 2015You are off the road and at home for 3 days straight. Your friend Bob has been asking you to help him put that new roof on his garage. Bob knows that you have helped others with various home repair projects and have been paid for your efforts. He has offered to follow suit. After finishing your...
|VW and Audi Recall For Smog-Hiding Cars|
Lieff Cabraser Heimann Bernstein LLP;
September 25, 2015, previously published on September 28, 2015On September 18, 2015, the U.S. Environmental Protection Agency ordered Volkswagen to recall nearly 482,000 diesel-powered cars in the United States since 2008 sold under the VW and Audi brands (Volkswagen owns Audi) because VW installed software that intentionally changed the vehicles' emissions...
|Issues with Car Accidents in Indiana|
Jill M. Bracken-Emerson; Emerson Law, LLC;
August 3, 2015There are a number of issues to be concerned about
|Commercial Contracts: Duty of Good Faith|
Jacy A. J. Whittaker; Parris Whittaker;
June 16, 2015, previously published by www.parriswhittaker.comA recent ruling of the UK’s High Court makes clear when the obligation to act honestly and with integrity will be implied into a commercial contract. The court was required to consider in what circumstances a requirement to act honestly and with integrity would become an implied term of a...
|Can the Feds Slow Down Truckers with Mandatory Speed-Limiting Devices?|
Robert D. Sullivan; Wilson Elser Moskowitz Edelman & Dicker LLP;
May 15, 2015, previously published on May 4, 2015The National Highway Traffic Safety Administration (NHTSA) is pushing for new regulations requiring tractor-trailer trucks to be equipped with speed-limiting devices. This regulation, if passed, will impact not only the trucking industry but also the manufacturers of tractor-trailer trucks and...
|Automobile Service Advisers Are Not Exempt Under the FLSA—At Least Not According to the Ninth Circuit|
Seth E. Ort; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
May 13, 2015, previously published on May 4, 2015Navarro v. Encino Motorcars, LLC, No. 13-55323 (March 24, 2015): The plaintiffs in Navarro v. Encino Motorcars, LLC were “service advisors” at a Mercedes Benz dealership. The main duties of service advisors are to evaluate the repair needs of customers’ vehicles and then to...