A slate of new hours of service regulations governing interstate truckers has been upheld. The regulations, promulgated by the Federal Motor Carrier Safety Administration, took effect on July 1, 2013, but were subject to a legal challenge by the American Trucking Association. On August 2, 2013, the Court of Appeals for the DC Circuit upheld […] Read More

A California Court of Appeal recently held that sophisticated parties can abrogate the common law “discovery rule” and limit the ten-year statute of limitations for latent (hidden) defects to four years. The fact that parties may contract around a statute of limitations is not groundbreaking news. However, the First District Court of Appeal’s interpretation and […] Read More

An Appellate Court has just issued a monumental opinion extending the scope of the California Supreme Court’s landmark decision in Howell v. Hamilton Meats & Provisions, Inc. (2011) 52 Cal.4th 541. In Howell, the Supreme Court held that where a plaintiff’s medical care provider accepts less than the amount billed for a service as full payment of that […] Read More

The largest ever ABA Transportation Megaconference was attended by over 460 claims professionals, transportation executives and attorneys at the Sheraton New Orleans, March 6 – 8, 2013. The closing panel featured an opening statement given by Barry Snyder, demonstrating some of the current tactics and technology for trial counsel. Mr. Snyder, a Diplomate in ABOTA, […] Read More