Latest Articles
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June 18, 2019
Many trucking companies were celebrating the recent decision by the Federal Motor Carrier Safety Administrator (the Administrator) when, in pure Heisman trophy fashion, the Administrator “stiff-armed” California meal and rest period laws on his way to the proverbial end zone.
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June 18, 2019
An Arizona court recently ruled that language included in a motor carrier’s email signature block became part of the operative contract between the parties. The language at issue referenced and incorporated standard terms and conditions into all business transactions, and was included in the motor carrier’s offer of services. The court held that the email signature block, and, consequently, the terms and conditions, became part of the contract between the parties when the offer was unconditionally accepted. Brokers and carriers should take note of the clear benefits of referencing and incorporating their preferred terms and conditions into all of their written communications.
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June 18, 2019
On May 7, 2019 a jury in Hidalgo County, Texas, awarded $80 million in damages to trucker Lauro Lozano following his allegations that the trucking company he worked for forced him to falsify his logs so that he could continue driving in violation of federal hours of service requirements.
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June 18, 2019
International Registration Plan (IRP) is a reciprocity agreement among states of the U.S., the District of Columbia, and provinces of Canada which recognizes the registration of commercial motor vehicles issued by other jurisdictions. Motor carriers register with and pay to one jurisdiction (their “base jurisdiction”). Registered motor carriers receive apportioned plates and are able to travel through all IRP member jurisdictions. Commercial motor vehicles either alone or used in combination weighing more than 26,000 pounds (11,794 kilograms), and traveling in two or more jurisdictions, are likely registered under IRP.
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June 18, 2019
On March 18, 2019, the United States Supreme Court denied without comment a petition by the California Trucking Association (CTA), which sought to overturn a ruling by the Ninth Circuit permitting the California Labor Commissioner's Office to use a worker classification standard known as the Borello test in disputes before the California Department of Industrial Relations (known as Berman hearings). Berman hearings are administrative proceedings that address wage claims under the California Labor Code. The Borello test is a set of factors used to determine worker classification (employee or independent contractor) pursuant to S. G. Borello & Sons, Inc. v. Department of Industrial Relations (1989) 48 Cal.3d 341.
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May 24, 2019
(Subcontractor obligated to defend general contractor pursuant to an indemnity clause requiring a defense for liability arising out of the work of the subcontractor)
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May 24, 2019
(Subrogated insurer was entitled to collect on judgment entered against insured pursuant to Insurance Code Section 11580 as coverage for property damage sustained by home in underlying construction defect lawsuit was covered by the insured subcontractor’s policy)
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May 24, 2019
Set forth below are summaries of California cases finding multiple occurrences in the context of constructive defect related claims.
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