Strategies, Challenges, and Answers

Are Motions In Limine Even Worth The Trouble?

Trying a case is an expensive proposition. The attorneys need to prepare the evidence, the arguments and the examinations. Clients see any opportunity to economize on the trial prep side as a positive. In the past, attorneys have made it a practice to file pre-trial motions in limine. Motions in limine are heard with the hope that the judge will make early evidentiary rulings and thereby speed up the trial. However, the Nevada Supreme Court case of BMW v. Roth, 127 Nev. Adv. Op. 11 (2011) calls into question whether the attorney . . .

What Is The FMCSA Pre-Employment Screening Program?

PSP is a comprehensive data collection and rating system designed to improve the overall quality of commercial drivers. It aims to reach this goal by providing carriers with the information necessary to make better decisions when hiring commercial drivers…

Insurance Policy Limits For Intrastate Commercial Vehicles In Nevada

Trucking professionals are readily familiar with the federal mandate for liability insurance. But how many know the liability policy limit for a carrier operating exclusively intrastate in Nevada? The answer is very few…

ATA To Host Motor Carrier General Counsel Forum

On July 24 – 27, 2011, the American Trucking Association will hold its Motor Carrier General Counsel Forum in La Jolla California. This truck specific seminar will cover a wide range of operational topics including: • A Practical Discussion of Transportation Contract Negotiation and Drafting • An Analysis of FMCSA 2011 Rulemakings and Expected Operational […]

The Nevada Legislature Can Constitutionally Regulate Commercial Carriers, Even If The Only Reason They Are Doing It Is To Raise Money

It’s amazing how the government finds ways to expand its reach. You give them an inch and they take a mile. The case of Ex Parte Iratacable, 55 Nev. 263, 30 P.2d 284 (1934) is a perfect example. In that case, the Nevada Supreme Court was asked to consider whether it was constitutional for the legislature to require motor carriers operating in the State of Nevada to be licensed. It is hard to imagine a day when the government was not breathing down the neck of the trucking industry. But this case, decided when automobiles were still a novelty and the interstate highway system was just a dream, reminds us that there was a day long ago when truck owners were responsible for their own safety and oversight . . .