Tag archive: national

NHTSA’s Proposal to Upgrade Rear Impact Crash Protection to Have a Significant Impact on Accident Litigation

Earlier this month, the National Highway Traffic and Safety Administration (“NHTSA”) issued a notice of proposed rulemaking aimed at upgrading standards for underride protection in trailers and semi-trailers. NHTSA is looking to make the standards more stringent to improve underride protection in higher speed crashes. Although many trailers currently sold would be compatible with this…

Risk Management for Trucking and Transportation Companies is About More Than Driver Training and Supervision

When starting any business, especially a family business, the main concern is usually securing enough capital. In that pursuit, however, one thing often overlooked is the protection of those assets through adequate insurance and corporate form (e.g. partnership, corporation, limited liability company). In this article, we examine a recent Illinois case highlighting the potentially devastating…

Lewellen v. Franklin: Missouri Supreme Court Holds Statutory Cap on Punitive Damages Unconstitutional

On September 9, 2014, the Missouri Supreme Court unanimously struck down the State’s punitive damage cap in Lewellen v. Franklin, 2014 WL 4425202 (Mo. banc Sept. 9, 2014). The plaintiff in Lewellen was a 77-year-old widow with less than $1,000 of monthly income who contracted to purchase a vehicle with National Auto Sales North’s (“National”)…

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