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. Seyfarth Synopsis: The Tenth Circuit held that a trucking company unlawfully retaliated against a […]
Driver Abandons Trailer On Interstate. After Termination, Court Reinstates Driver With Back Pay. How So?
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 money. Sometimes there is just not enough money to go around. It seems like a […]
What Changes Do You Expect When Nevada Justice Court Jurisdiction Increases From $10,000 To $15,000 In January 2017?
The 2015 Nevada Legislature increased the state courts’ jurisdictional limits. Assembly Bill 66 saw the jurisdictional limit in small claims increase from $7,500 to $10,000. That change took effect on October 1, 2015. NRS 73.010. The same bill increased the jurisdictional limit of Nevada’s Justice of the Peace courts. Since 2003, the jurisdictional limit had […]
Shipper And Motor Carrier Can Agree On Method Of COD Payment Without Violation Of Filed Rate Doctrine
Imports, Etc. sold 511 cartons of women’s shoes to A&M Department Stores. Imports hired ABF Freight Systems, Inc. to deliver the shoes. The alternative Straight Bill of Lading provided that the ABF driver was to receive two payments on delivery of the shoes. One payment was to ABF for the freight charges. The other COD […]
Motor Carrier Beats Driver’s Claim For Overtime Pay. Find Out How.
Mr. Winston drove commercial vehicles for Air Truck Express (ATE), an interstate regional line haul carrier. After his position ended at ATE, driver Winston claimed that he should have been paid overtime for his driving. Even though all the employment paperwork was to the contrary, driver Winston argued that he should be deemed an employee […]