Nevada Trucking Law reported HERE that the Ninth Circuit has refused to apply FAAAA preemption to allegations of negligence against freight brokers. Recently, in the case of Aspen Am. Ins. Co. v. Landstar Ranger, Inc., 65 F.4th 1261, 2023 U.S. App. LEXIS 8845, 29 Fla. L. Weekly Fed. C 2391, 2023 WL 2920451 (11th Cir. […]
The Eleventh Circuit Disagrees With The Ninth Circuit And Applies FAAAA Preemption To State Negligence Claims
July 31, 2023 by
Ninth Circuit Says No To FAAAA Preemption
June 16, 2023 by
Costco needed some goods shipped. Costco turned to transportation broker C.H. Robinson to find a trucking company that could haul the load. Kuwar Singh, dba RT Service was one of the motor carriers in C.H. Robinson’s network. Mr. Singh and RT Service were properly licensed. RT was a properly authorized motor carrier with an active […]
Nevada’s Exclusive Remedy Provision Prevents Employees From Suing Insured Employers For On-The-Job Injuries In Nearly All Cases
March 22, 2017 by
“Have you been injured?” is a common question posed by personal injury attorneys who are looking for new clients. But just because a person was injured in an accident does not mean that the injured person can prevail in a negligence suit against the person causing the harm. Take for example, a person injured on […]
The Nevada Supreme Court Reverses Summary Judgment In Favor Of Driver Who Strikes Pedestrian Crossing Outside Of Crosswalk.
August 1, 2016 by
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 communicate about the accident. Perhaps that is why there was no evidence to contradict the evidence favorable to […]
Back to Basics: The Elements Of A Nevada Negligence Claim
August 22, 2014 by
Sometimes it is good to get back to basics. Let’s quickly review what it takes to prove a negligence claim in Nevada. The case of Turner v. Mandaly Sports Entm’t, LLC, 124 Nev. 213, 180 P.3d 1172 (2008) reminds us of the elements of that cause of action. Mr. & Mrs. Turner owned season tickets to watch […]
