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FMCSA’s ELD Rule Upheld by 7th Circuit, Still Set for Implementation in Dec. 2017

At the direction of Congress, the Federal Motor Carrier Safety Administration (“FMCSA”) has adopted what has become known as the ELD Rule. Beginning on December 16, 2017, most commercial drivers will be required to use electronic logging devices (“ELDs”) to record their duty status. ELDs are required to be installed on all interstate commercial motor vehicles (model year 2000 or newer) within two…

2016 Amendments to Federal Rules of Civil Procedure 4, 6, and 82

In April 2016, the United States Supreme Court voted to approve three amendments to Federal Rules of Civil Procedure 4, 6, and 82, which will become effective on December 1, 2016. Federal Rule of Civil Procedure 4(m) FRCP 4(m) holds that if a defendant is not served with the complaint and summons within 90 days after the complaint is filed, the court may dismiss the action without prejudice…

[Appearance] “Trucking and Transportation Regulations, Liability and Litigation” Conference

If you’re an Alabama attorney still in need of CLE credits or if you just need to dust up on your trucking litigation, I’ll be speaking at the NBI “Trucking and Transportation Regulations, Liability and Litigation” conference being held in Birmingham, Alabama, on December 15, 2016. The topics I’ll be addressing are: “FMCSA and DOT Compliance Reporting Documents: SAFER, CSA, PSP – Top Oversights”…

Workers’ Compensation: When an Employer Refuses to Pay for Medical Treatment

While working in the line and scope of her employment at Augmentation, Inc., Debra Harris injured her neck, left shoulder, and back, on April 3, 2011. Two years later Harris sued Augmentation, Inc. for worker’s compensation benefits. The parties reached a settlement agreement that was approved by the trial court on April 3, 2014, with medical benefits to remain open and Augmentation to pay for…

Med-Pay: Are Medical Payments Made by an Insurance Company an Admission of Liability?

As discussed in a prior post, in Alabama, medical payments (“med-pay”) coverage is often written into personal auto liability insurance policies. Once a med-pay claim is made by an insured, an insurer becomes obligated to make the medical payment when its insured can show he suffered a bodily injury, as defined in the medical payments provision of the auto policy, in an accident (regardless of…

Adoption of the Alabama Rules for Expedited Civil Actions

Effective January 1, 2017, Alabama is adopting the “Alabama Rules for Expedited Civil Actions,” as drafted by the Supreme Court of Alabama. The Alabama Supreme Court has adopted the rules “to establish a voluntary, efficient, and just procedure to expedite civil actions….” The scope of the rules is as set forth below. These Rules shall be known and cited as the “Alabama Rules for Expedited Civil…

How to Determine Proper Venue for Breach of Contract and Personal Injury Actions

Jim Burke Automotive (located in Jefferson County, Alabama) performed repair work on a vehicle owned by Vulah Smith and Andrew Smith. Afterward, the vehicle was involved in an accident in Hale County, Alabama. The Smiths sued Jim Burke Automotive alleging negligent or wanton repair of  the vehicle, breach of contract, and fraud. Jim Burke Automotive moved to transfer venue to Jefferson County on…

Amendments to Alabama Rule of Civil Procedure 4

ARCP 4 – On July 1, 2016, the following changes went into effect in amending portions of Alabama Rule of Civil Procedure 4, addressing service of parties to a civil lawsuit. Rule 4(a)(2) is amended to require that the summons served on the defendant should include notice that entry of a default judgment is a possible consequence of a served defendant’s failure to appear or to defend, rather than…

Does the Pre-Employment Screening Program Effect DOT-Required Background Checks?

The FMCSA requires that when a motor carrier is hiring a new driver, it is required to conduct investigations and obtain certain information pertaining to the driver’s background including: Making sure the driver meets the minimum qualifications to drive a commercial vehicle, to include having a valid commercial driver’s license;[1] A written application for employment containing the driver’s…

The Admissibility of Post-Accident Drug and Alcohol Screens

My newest article “The Admissibility of Post-Accident Drug and Alcohol Screens” has been published in the Fall 2016 edition of the Alabama Defense Lawyers Association Journal. The article addresses federally-mandated drug and alcohol testing for motor carriers and commercial drivers following certain motor vehicle accidents, and the methods by which the results of those screens may or may not be…

A Shopkeeper’s Duty Owed to a Minor Invitee, and Who Can Recover for a Minor’s Injury

The duty owed to an invitee, whether an adult or minor child, is to keep the premises in a reasonably safe condition and, if the premises are unsafe, to warn of hidden defects and dangers that are known to the landowner but that are hidden or unknown to the invitee.[1] A minor child is an invitee on the premises when he is present with his parent and (1) the child’s presence or the nature of the…

Five Lessons Lawyers Can Learn from Stephen King

I recently read Stephen King’s On Writing, which is easily one of the best and most practical books I have read recently. Since writing is a part of my daily practice, it is something I am constantly seeking to improve. Here are my four takeaways from Stephen King’s memoir. Distrust Pronouns “I hate and mistrust pronouns, every one of them as slippery as a fly-by-night personal-injury lawyer.”…