Search Results for ‘trucking ’

Trucking business hit by rising jury verdicts

“The commercial trucking (or carrier) industry is helping drive the overall rate hikes in commercial insurance, according to Chris Mikolay, vice president of national accounts for National Interstate Insurance. … with an average award going from $2.6 million in 2012 to more than $17 million in 2019…. ‘These verdicts come about because of new tactics used by the plaintiffs where they vilify the entire company and then seek punitive damages,’ [attorney Eric] Zalud said. [Kim Palmer, Crain’s Cleveland Business; Mills Hayes, CBS4Local (El Paso, Tex.); Brian Fielkow and Robert Fuentes, FreightWaves two-part article, first and second parts; earlier here, here, here, generally on trucking]

EEOC: drinking history no reason to withhold heavy trucking jobs

Old Dominion Freight Line, Inc., an interstate trucking company, doesn’t want to put drivers with a history of drinking problems behind the wheel, and has accordingly been sued by the federal Equal Employment Opportunity Commission for allegedly violating the Americans with Disabilities Act (ADA), under which alcoholism is considered a protected condition. I’ve got details in a new post at Cato at Liberty (& Bader/CEI, Lachlan Markay/Heritage, Fox News).

ADA and disabled rights roundup

  • If you think reopening a retail business with new distancing rules is a challenge, wait till you see the interplay with the ADA, as I explain in my new post at Cato;
  • Court dismisses class action against Wendy’s on behalf of disabled persons unable to use after-hours drive-up service as a walk-up [Davis v. Wendy’s International, a pre-pandemic case; earlier here, here, and here on ADA complaints regarding drive up windows]
  • “Why is subway accessibility so expensive? It’s not just about installing new elevators.” [Annie McDonough, City and State NY]
  • “After DOJ Letter on Website Compliance, The ADA Guessing Game Continues” [John D. McMickle, WLF] ADA filing mills hit condo and co-op boards [Frank Lovece, Habitat] Serial plaintiff files web access suit against Vermont bicycle maker [Bicycle Retailer]
  • Limousine service to pay $30,000 for refusing to hire deaf driver [EEOC press release]
  • Colorado homeowner’s association told to pay $50,000 after failing to allow woman to stay in the complex with her emotional support dog [Associated Press] “Do We Have to Allow Dogs in Our Workplace? Maybe. Maybe Not.” [Daniel Schwartz] Trucking company will pay $22,500 after asking driver to pay fee to bring service dog along in truck to help with his anxiety [EEOC press release]

Liability roundup

COVID-19 pandemic roundup

  • Bonfire of the regulations, continued: feds and states ditch trucking rules to keep the deliveries rolling [Christian Britschgi, earlier on bonfire of the regs]
  • Poll finds U.S. public approving extraordinarily coercive measures to combat epidemic, in many cases with little if any gap between parties [Adam Chilton, Summary, Judgment]
  • Could the emergency spur a shift to online video notarization, already authorized in 10 states? [Eugene Volokh]
  • “It must really be the apocalypse if the state of Oregon is letting drivers fill their own tanks. My favorite moment in this FAQ: ‘How will I know how to pump my own gas?'” [Jesse Walker linking Eugene Register-Guard]
  • Legal resources related to the crisis, from the UCLA law library;
  • Eggs in one basket: tsunami of unemployment claims should force rethink of monopoly state fund idea practiced by four states (Washington, Ohio, North Dakota, Wyoming) [Ray Lehmann, R Street Institute]

Gig/freelancer economy roundup

In an emergency that has made trucking, logistics, and home delivery uniquely important, fractured the schedules of countless parents and caregivers, and sent the services sector reeling, it would be nice if California and other states were not making war on the work arrangements needed for the situation. That’s why California’s AB5 fiasco (earlier here, here) along with similar moves in New Jersey and elsewhere, come at the worst time.

P.S. Related Cato post now up. Truckers especially have many more problems than this right this moment responding to the COVID-19 pandemic outbreak, read about some of them here (and help if you can!) They have begun getting direly needed removals of regulations. But don’t let this one slip off the list.

Liability roundup

Louisiana: “…an unknown third vehicle waves down an 18-wheeler”

Attorneys for Mississippi-based Whitestone Transportation “allege in court documents that their investigations have uncovered evidence of more than 30” incidents around New Orleans following a distinct pattern of “multiple people in a claimant vehicle, sideswipe allegations with commercial vehicle trailers, minimal damage to claimant vehicle, little to no damage to the insured trailer and a commercial vehicle driver who is either unaware of or denies impact, according to trucking attorneys.” “In Louisiana we estimate our insurance costs are three to five times more than the national average,” said Chance McNeely, executive director of the Louisiana Motor Transport Association, and with the legal system not well suited to defeating claims for staged or pretended accidents, companies are increasingly turning to truck-mounted cameras.

“It’s always the same thing: Four people in a sedan, and there’s always a random witness who gives a loose statement to the cops and has a random appointment and has to get away, “ McNeely said. And all too often they use the same attorneys and the same doctors, he said….

“We have a lot of billboards for attorneys, and many of them demonize our industry,” he said.

[Eric Miller, Transport Topics]

Liability roundup

July 5 roundup