A recent decision out of the Ninth Circuit in Miller v. C.H. Robinson Worldwide, Inc., 976 F.3d 1016 (9th Cir. 2020) aims to impose enormous costs on the transportation industry, including freight brokers. Indeed, these are the very costs that Congress sought to avoid in enacting the Federal Aviation Administration Authorization Act of 1994, 49 U.S.C. § 14501(c)(1) (the F4A).

Those who practice transportation law are acutely aware of the accident investigation process. There are essential tasks that must be completed in short order, such as driver and witness interviews, obtaining crash reports, retaining the right accident reconstruction expert, and coordinating and completing inspections of the accident scene and involved vehicles. This article, however, is meant to serve as a reminder that our understanding of where crash data can be found must go beyond simply downloading an engine control or air bag control module.

The Missouri Supreme Court recently addressed whether defendant motor-vehicle drivers may avail themselves of the physician-patient privilege to shield the disclosure of alcohol or drug treatment records from medical providers. Relatedly, the court also addressed whether affirmative defenses denying intoxication constitute a waiver of the privilege.

Cleveland Partner Joseph Fiorello recently obtained a summary disposition (Michigan refers to summary judgment as summary disposition) victory for an insured motor carrier and driver in Monroe County, Michigan. The summary disposition motion was spearheaded by social media research of the plaintiff and the plaintiff’s family members who were identified in the plaintiff’s discovery responses.

Over the last couple months, the trucking industry received national and international attention as a result of the Canadian trucking convoy. Whether individuals were for or against the protest, it opened people’s eyes to the importance of the trucking industry, and to the fact that almost every product people take for granted was at some point transported via a truck driver.

(Insurer, Which Issued Annuities to Elderly Plaintiff on Applications Submitted by a Life Agent Under Insurance Code Section 1704.5, Was Liable for Agent’s Wrongful Actions in Procuring Unsuitable Annuities, Including Liability for Elder Abuse)

(Insured Entitled to Coverage Under Crime Policy’s "Computer Fraud" and "Funds Transfer Fraud" Provisions for Employee’s Wiring of Funds in Response to Fraudulent Actor’s Email Request)

(Because Driver of Vehicle Did Not Qualify as An Insured Under Umbrella Policy, Exception to Exclusion in Policy Did Not Operate to Reinstate Coverage Under Such Policy)