The CDC recently issued guidance to businesses developing marijuana policies, balancing state legalization efforts and fleet safety. Per the CDC, marijuana should be addressed in motor vehicle safety programs.

The Federal Motor Carrier Safety Administration’s (FMCSA) Electronic Logging Device (ELD) rule applies to motor carriers and drivers who are required to keep records of duty service (RODS). An ELD automatically records a driver’s driving time and other aspects of the hours-of-service (HOS) records.

Phoenix Partner and Co-Chair of Lewis Brisbois’ Transportation Practice Julie E. Maurer and Partner Andrew Kleiner recently defeated a motion to remand to state court on behalf of an interstate moving company when the U.S. District Court for the District of Connecticut found removal was proper because the Carmack Amendment completely preempted the plaintiff’s state law claims arising out of an interstate household goods move.

Across the United States, an increasing number of low impact collisions are ending up in litigation, with plaintiffs frequently alleging in excess of $50,000 in past medical expenses and often with surgical recommendations. Claims that used to have an emergency room visit and a little chiropractic treatment now have multiple epidural steroid injections, MRIs, and spinal fusion surgery recommendations.

In CSAA Ins. Exch. V. Hodroj, 72 Cal.App.5th 272 (December 1, 2021), the California Sixth District Court of Appeal affirmed the trial court’s entry of summary judgment in favor of CSAA in connection with a dispute arising out the settlement of a bodily injury claim made by Raed Hodroj (“Hodroj”) against CSAA Insurance Exchange’s (“CSAA”) insured. The claim arose out of an automobile accident.

In The Inns by the Sea v. California Mut. Ins. Co., 71 Cal. App.5th 688 (November 15, 2021), the California Fourth District Court of Appeal affirmed the trial court’s dismissal of a lawsuit filed by The Inns by the Sea (“Inns”) against California Mutual Insurance Company (“California Mutual”). The Inns’ lawsuit alleged that coverage was afforded under a commercial property policy issued by California Mutual for business income losses sustained as a result of government orders requiring the shut-down of commercial businesses so as to stop the spread of the COVID-19 virus.

In Travelers Indem. Co. of Conn. v. Navigators Specialty Ins. Co., 70 Cal.App.5th 341 (October 15, 2021), the California Fourth District Court of Appeal reversed the trial court’s order dismissing a lawsuit filed by Travelers alleging causes of action for declaratory relief, equitable contribution, and equitable indemnity against Navigators Specialty Insurance Company ((“Navigators”) and Mt. Hawley Insurance Company (“Mt. Hawley”).

In Janney v. CSAA In. Exch., 70 Cal.App.5th 374 (October 15, 2021), the California Third District Court of Appeal affirmed a summary judgment in favor of CSAA Insurance Exchange (“CSAA”) in connection with a breach of contract and bad faith lawsuit filed by Peggy Baltar in connection with CSAA’s adjustment of a property loss involving the destruction of Baltar’s home as result of the Boles fire in September 2014.