Strategies, Challenges, and Answers

Driver Abandons Trailer On Interstate. After Termination, Court Reinstates Driver With Back Pay. How So?

Thanks to Benjamin D. Briggs, Adam R. Young and Craig B. Simonsen of Seyfarth Shaw for allowing us to share this informative trucking employment law post.  I’m sure that everyone in the Nevada Trucking Law community will find it very interesting.
American truck of "Trucks" series in my portfolioSeyfarth Synopsis: The Tenth Circuit held that a trucking company unlawfully retaliated against a truck driver after he abandoned a trailer on a public highway, finding that his actions constituted a protected refusal to operate a vehicle in unsafe conditions.

The Tenth Circuit Court of Appeals denied a petition for review of a retaliation finding by the Administrative Review Board (ARB), finding that the employee had been retaliated against in violation of the Surface Transportation Assistance Act (STAA). TransAm Trucking, Inc. v. Department of Labor, No. 15-9504 (Tenth Circuit August 8, 2016),

The Court explained that the driver parked a tractor-trailer on the shoulder of an interstate highway. After sitting in sub-freezing temperatures, the brake lines on the trailer froze and rendered the trailer immobile. When a service vehicle failed to arrive and the driver’s heating unit stopped functioning, the driver detached the trailer and drove away in the tractor.
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CELEBRATE LABOR DAY ! ! !

The team at Bauman, Loewe, Witt & Maxwell and the Nevada Law Blogs wish all of our clients, friends, business associates and readers a very safe and extremely enjoyable Labor Day Holiday! In 1894 Labor Day was designated a federal holiday to … [Continue reading]

Medical Liens Are Not A Collateral Source And Are Admissible To Prove Bias

Redhead girl secretly eating cake.

One year ago, the Nevada Law Blogs wondered why a Plaintiff had been allowed to have his cake and eat it too.  That Earlier Post told the story of a Plaintiff whose medical providers treated him on liens.  However, before the trial, those same … [Continue reading]

The Attorney And The Hospital Have Competing Liens. How Can The Company Safely Settle?

You are familiar with this scenario. The claimant is willing to sign a release in exchange for your insured’s policy limit.  However, the claimant, the attorney and the hospital, all legitimate lienholders, can’t agree on how to divide up the … [Continue reading]

The Nevada Supreme Court Reverses Summary Judgment In Favor Of Driver Who Strikes Pedestrian Crossing Outside Of Crosswalk.

Summary Judgement

Pedestrian Anderson was walking across the street when driver Baltrusaitis accidentally hit him with his car.  Anderson and Baltrusaitis were the only witnesses to the accident.  Pedestrian Anderson’s injuries were so serious that he was unable to … [Continue reading]