When a serious accident happens, a swift response is oftentimes necessary to preserve any and all relevant and discoverable data from the involved vehicles. The obvious question that arises is whether there is an obligation on the part of an insurance carrier investigating a claim to allow a claimant or claimant’s attorney to participate in an event data recorder (hereinafter “EDR”) download. Practically speaking, if the claimant is represented by counsel prior to obtaining...
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On January 15, 2019, the United States Supreme Court issued an opinion that could have a far-reaching impact upon independent owner operators and the fleets that rely upon them to move freight for their customers. The Court in New Prime, Inc. v. Oliveira, 139 S.Ct. 532 (2019) ruled that an exclusion in Section 1 of the Federal Arbitration Act (“FAA”) removed employee-employer contracts and contracts involving independent owner operators from the FAA’s purview. Oliveira, like many...
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By: Blair J. Cash, In Transit: The Newsletter of the Trucking Law Committee, Volume 19, Issue 1, 2016 We are kidding ourselves if we think it does not happen. After being involved in an accident with a commercial motor vehicle, one of the first tasks for an injured party, a family member, or a plaintiffs’ attorney is to investigate the alleged at-fault driver and company involved in the accident. Internet searches often yield information regarding a company web page,...
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The Fall 2018 edition features an article about the the 2018 Georgia Court of Appeals decisions that impact covenant enforcement matters (by Cindy C. Hodge), an article discussing mandatory e-filing that is going into effect on January 1, 2019 (by Daniel E. Melchi), and an article regarding the delegation of authority to a Board Member with a strong personality (by Paschal Glavinos). Community Matters is published on our website on a quarterly basis, and if you would like hard copies, we can...
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The Summer 2018 edition features an article about bankruptcy and post-petition assessments (by Daniel E. Melchi) and an article advising how to enjoy the summer pool season in peach and quiet (by Elina V. Brim). Community Matters is published on our website on a quarterly basis, and if you would like hard copies, we can make those available for you as well. Thank you! Download Community...
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