When motor vehicle accidents result in criminal charges, there are major implications for related civil litigation, and coordination with the criminal defense team is essential.

An owner-operator is normally an independent driver that owns his or her own tractor(s) and solicits work from traditional carriers, such as long-hauls, moving household goods, and intermodal freight. They are an essential element in the transportation industry to assist with cyclical demand.

On June 12, 2021, Canada will fully implement rules requiring the use of electronic logging devices, or ELDs, by Canadian motor carriers and drivers who are currently required to maintain paper logs, with some limited exceptions.

Recently, there has been a crackdown on physicians who falsify DOT medical examinations. One physician pled guilty to one count of making false statements in connection with a DOT medical examination and was sentenced to 3 years’ probation, a $1,000 fine, and a $100 special assessment.

A three-judge panel of the Ninth Circuit U.S. Court of Appeals recently held that Illinois Facebook users may bring claims for privacy violations under state law for the use and storage of biometric information on the company’s platforms and servers. Patel v. Facebook, 18-15982, (9th Cir. Aug. 8, 2019). Three Illinois residents allege that “face templates” of them were created and used by Facebook without sufficient notice, agreement, and protection under the Illinois Biometric Information Privacy Act (BIPA), 740 ILCS 14/15.

In Steadfast Ins. Co. v. Greenwich Ins. Co., 2019 WI 6, the Wisconsin Supreme Court reduced the recovery obtained by an insurer that defended its insured from another insurer that breached its duty to defend – requiring the plaintiff insurer to pay its pro rata share of the risk.

In Britt v. Otto, 2019 Mo. App. LEXIS 397 (Mar. 26, 2019), the Missouri Court of Appeals opened the door to an argument that an insurer’s statutory right to intervene in a liability lawsuit after a 537 notice may not apply as to an arbitration conducted to determine liability and damages. The Court of Appeals affirmed a ruling denying the insurer the right to intervene in the action to confirm the arbitration award of $5,998,027.

In Metal Pro Roofing, LLC and Cornett Restoration, LLC, v. The Cincinnati Insurance Company, 18A-PL-2205, 2019 Ind. App. Lexis 355 (Ind. Ct. App. August 9, 2019), the court affirmed a trial court decision that a policy clearly did not cover a hacking loss, but reversed and remanded the case for further proceedings on a claim that the quote for the policy was misleading.