News & Analysis as of

Trucking Industry Damages

Presley & Presley

Covenant Not To Execute Does NOT Preclude Damages

Presley & Presley on

Following a coverage denial, many jurisdictions permit insureds and claimants to enter into covenants not to execute and to enforce a resulting judgment against the insurer if coverage is shown to exist. Insurers often argue...more

Searcy Denney Scarola Barnhart & Shipley

Identifying the Defendants in a Florida Truck Accident Case

Trucking accidents can have a devastating impact on the victim’s life. This is, in part, due to the fact that passenger cars are no match for an oncoming semi. While such accidents often result in greater injuries than a...more

Morris James LLP

Trucking Accidents on the Rise

Morris James LLP on

Last week, a tragedy occurred in Southern Delaware involving Freightliner tractor-trailer and a minivan: just after 10:30 PM the Freightliner failed to stop at a posted stop sign on Atlanta Road (Route 30) and drove into the...more

BCLP

Bound by prior admissions: Court of Appeal upholds the CAT’s abuse of process judgment against Truck Cartelists

BCLP on

The Court of Appeal has strongly dismissed an appeal against the Competition Appeal Tribunal’s (“CAT’s”) decision that it would be an abuse of process for certain truck manufacturers to seek to challenge the facts recorded in...more

McDermott Will & Emery

The European Commission Fines Truck Manufacturers a Record €2.93 billion for Cartel Conduct

McDermott Will & Emery on

On 19 July 2016, the European Commission (Commission) imposed fines totaling €2,926,499,000 on four truck producers (39824 – Trucks). The fine is the highest ever imposed on members of a cartel by the EU competition...more

Benesch

From the Benesch Transportation Archives: To Delivery....And Beyond!: The Boundaries of Carrier Liability for Unloading (A Clear...

Benesch on

Introduction: Carmack Boundaries and the Blurring of Unloading Functions - Under the Carmack Amendment, a carrier is liable for the actual loss of goods which “arrive” damaged 49 U.S.C. §4706(a)(1). But when does that...more

Womble Bond Dickinson

Georgia Supreme Court Brings Clarity to Non-Party Fault Under The Apportionment Statute

Womble Bond Dickinson on

The Georgia law regarding apportionment of liability in tort cases became more clear this month with the Georgia Supreme Court’s decision in Zaldivar v. Prickett, et al. Before the Court was the question of whether a...more

Proskauer - Whistleblower Defense

Eleventh Circuit: Liquidated Damages For FLSA Retaliation Discretionary, Not Mandatory

The Eleventh Circuit joined the Sixth and Eighth Circuits in holding that liquidated damages awards for FLSA retaliation claims are discretionary, not mandatory. Moore v. Appliance Direct, Inc., No. 11-cv-15227 (11th Cir....more

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