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  • June 03, 2024

    Texas is teetering on the edge of a final determination of whether the Admission Rule will apply in future cases in the state.  The Admission Rule, recognized in many states and at least five appellate districts in Texas, says that direct negligence claims such as negligent training, hiring, and supervision are merely legal routes other than respondeat superior to impute liability onto an employer when the employee acts outside the course and scope of their employment. Under the Admission Rule, when an employer admits that an employee was in the course and scope of employment at the time of an alleged incident, evidence of the employer’s hiring, training, or supervision practices becomes inadmissible as irrelevant and likely to prejudice the jury because vicarious liability has already been established.

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  • June 03, 2024

    A study by the American Transportation Research Institute (ATRI) in 2020 addressed the impact of the notable increase in nuclear verdicts on the trucking industry. In 2021, the ATRI published a counterpart to this study, which addressed the impact of small verdicts and settlements on the trucking industry. Although the smaller payouts have little effect on large trucking companies and insurance carriers, there is no doubt that these smaller settlements are increasing in both frequency and severity.  While these reports set forth several specific conclusions related to trends in trucking litigation, namely an increase in claims and an increase in payouts, what has become clear over the past several years is that trucking lawsuit abuse reform is of growing interest in the transportation field.

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  • June 03, 2024

    According to the U.S. Chamber of Commerce Institute for Legal Reform, nearly one in four auto accident trials that result in a verdict of $10 million or more involve a trucking company. Faced with the prospect of such high payouts, the plaintiff’s bar is increasingly searching for deeper pockets in motor carrier personal injury cases by targeting third parties. Freight brokers are most often dragged into such cases under theories of negligent hiring and vicarious liability, though defending against such fact-intensive claims can be costly and difficult. Fortunately, brokers can limit exposure to vicarious liability through clear delineations of responsibilities in their contracts with motor carriers and strict adherence to the contracts’ terms. Here’s an excellent example.

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  • June 03, 2024

    The Federal Motor Carrier Safety Administration (FMCSA) has a clear goal in mind with updates and proposed changes to its rules and regulations for the road introduced in 2023 – safety. The updates implemented last year will likely lead to a decrease in accidents. However, they will also lead to an increase in costs and operations for fleet owners. 

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  • June 03, 2024

    The Federal Motor Carrier Safety Administration has made a number of regulatory adjustments applicable to trucking companies and operators. 

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  • May 20, 2024

    (Thefts Occurring at the Same Location On the Same Evening Constituted One Occurrence Under Property Policy)

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  • May 20, 2024

    (Insurer Improperly Cancelled Automobile Policy By Failing To Send Notice of Cancellation To Individual Specifically Identified On Policy As An Insured)

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  • May 20, 2024

    (Insured Entitled to Video Record the Insurer’s Participants In an Examination Under Oath Proceeding)

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