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HTMLTruckers Beware The "City Different"
Paul T. Yarbrough; Hall & Evans, L.L.C.;
Legal Alert/Article
April 15, 2015, previously published on March 31, 2015
What in the world is going on in Santa Fe, New Mexico? This 400-year-old capital city is home to the nation's oldest church and other architectural treasures, incredible artworks, and a rich mixture of Hispanic, Anglo, and Native American cultures. Trying a case in Santa Fe is hard because you seem...


HTMLReview of New Illinois Laws: Transportation
Heyl Royster Voelker Allen Professional Corporation;
Legal Alert/Article
March 24, 2015, previously published on March 2015
Speed Limits increased from 55 to 60 m.p.h. for heavy trucks and buses on Interstate highways in Cook County and the collar counties (S.B. 930, Sandoval-Oberweis—Moylan-DeLuca et al.), and to 70 m.p.h. for other vehicles on Interstate toll highways in urban districts (S.B. 2015,...


HTMLVenue: A Key Factor in Trucking Litigation
Brad Keller; Heyl, Royster, Voelker & Allen Professional Corporation;
Legal Alert/Article
March 24, 2015, previously published on Spring 2015
Venue can have a tremendous effect on litigation, with some believing it can occasionally be more important than any single fact in a case. Venue affects litigation in many ways, including the value of a claim and the convenience and expense of defending litigation.


HTMLLessons from a Deposition: Insight into One Plaintiff’s Counsel’s Strategy for Establishing Broker Liability
Michael Reda; HeplerBroom LLC;
Legal Alert/Article
March 23, 2015, previously published on January 8, 2015
As defense counsel in the trucking industry have seen in recent years, broker liability is a burgeoning area in which plaintiff’s attorneys are beginning to explore as a means to reach the elusive “deep pockets” of many of our broker clients. Much of the lure of broker liability...


HTMLNJ Supreme Court Rules that Expert’s Report Properly Barred as Net Opinion Because Contradicted by Facts in Record
Betsy G. Ramos; Capehart & Scatchard, P.A.;
Legal Alert/Article
March 20, 2015, previously published on March 13, 2015
In Townsend v. Pierre, decided March 12, 2015, the New Jersey Supreme Court addressed the net opinion rule in the context of an automobile accident negligence case. This case involved a tragic accident in which Alvin Townsend, a motorcyclist, was killed. He was travelling on Levitt Parkway and...


HTMLTransportation in Focus
McDonald Hopkins LLC;
Legal Alert/Article
March 19, 2015, previously published on March 13, 2015
The long running war between traditional taxis and upstarts like Uber has gotten even uglier. The public face of the taxis is its trade group - the Taxicab, Limousine, and Paratransit Association (TLPA) - and that trade group has hired a Bethesda, Maryland-based PR firm to create a media campaign...


HTMLNew Train Crash Technology May Be the Difference in Lives Lost Due to Vehicle Collisions
Mary F. Schiavo; Motley Rice;
Legal Alert/Article
March 19, 2015, previously published on March 16, 2015
Two particular technologies are often of great interest to the National Transportation Safety Board whenever they investigate the collision between a vehicle and a train: the effectiveness and application of the crash energy management technology, which can use a number of different technologies to...


HTMLHouse Passes Passenger Rail Bill
McDonald Hopkins LLC;
Legal Alert/Article
March 19, 2015, previously published on March 6, 2015
A larger Republican majority hasn't made Speaker John Boehner's job any easier. Despite the larger numbers of Republicans in the House, the Speaker is increasingly finding himself relying on Democrats to pass legislation. This week's Passenger Rail bill was just the latest example.


HTMLLimited Tort Proof: Get the Signed Waiver Election Form!!
James D. Hilly; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 2, 2015, previously published on December 1, 2014
Pennsylvania’s Motor Vehicle Financial Responsibility Law (PAMVFRL) (75 Pa.C.S. § 1705) provides that a named insured may elect the “limited tort option,” subject to certain exceptions. An insured can choose to limit the right to sue for noneconomic damages (i.e., pain and...


HTMLEighth Circuit Upholds Exclusion Of Engineer’s Testimony On Ultimate Causation In Derailment Cases
Sutherland Asbill Brennan LLP;
Legal Alert/Article
February 20, 2015, previously published on February 17, 2015
Following train derailments in 2007 and 2010, a railroad brought suit against a services company alleging that the services company negligently reconditioned certain railcar axles, which caused the axles to fail and the resulting derailments. At trial, the jury found in favor of the services...


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