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|Lessons from a Deposition: Insight into One Plaintiff’s Counsel’s Strategy for Establishing Broker Liability|
Michael Reda; HeplerBroom LLC;
March 23, 2015, previously published on January 8, 2015As 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...
|NJ 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.;
March 20, 2015, previously published on March 13, 2015In 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...
|Transportation in Focus|
McDonald Hopkins LLC;
March 19, 2015, previously published on March 13, 2015The 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...
|New Train Crash Technology May Be the Difference in Lives Lost Due to Vehicle Collisions|
Mary F. Schiavo; Motley Rice;
March 19, 2015, previously published on March 16, 2015Two 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...
|House Passes Passenger Rail Bill|
McDonald Hopkins LLC;
March 19, 2015, previously published on March 6, 2015A 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.
|Limited Tort Proof: Get the Signed Waiver Election Form!!|
James D. Hilly; Marshall Dennehey Warner Coleman & Goggin, P.C.;
March 2, 2015, previously published on December 1, 2014Pennsylvania’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...
|Eighth Circuit Upholds Exclusion Of Engineer’s Testimony On Ultimate Causation In Derailment Cases|
Sutherland Asbill Brennan LLP;
February 20, 2015, previously published on February 17, 2015Following 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...
|Supremes Leave PAGA Representative Claims Intact|
David L. Cheng; Ford Harrison LLP;
February 18, 2015, previously published on January 21, 2015Executive Summary: On January 20, 2015, the U.S. Supreme Court denied review of CLS Transportation Los Angeles, LLC v. Iskanian ("Iskanian"), a case which would have determined whether employees in California could continue to bring representative claims, despite the existence of...
|Florida’s Slavin Doctrine: Alive, Well and Expanding?|
Amanda Parker Baggett, Cheryl Lynn Worman; Rogers Towers, P.A.;
February 18, 2015, previously published on January 21, 2015In a recent opinion, the Fourth District Court of Appeal appears to have expanded the Slavin doctrine in the context of design professional liability. In McIntosh v. Progressive Design and Engineering, Inc. (Jan. 7, 2015), the plaintiff’s father was killed in a car accident as he attempted to...
|Third Circuit Finds that the Federal Railroad Safety Act's Anti-Retaliation Provision Does Not Cover Employees Treated for Off-Duty Injuries|
Douglas W. Hall; Ford Harrison LLP;
February 18, 2015, previously published on January 22, 2015Executive Summary: In a case of first impression with far-reaching implications for the railroad industry, the Third Circuit has held that the provision of the Federal Railroad Safety Act (FRSA) prohibiting discipline of employees for "following orders or a treatment plan of a treating...