Schouest, Bamdas, Soshea, BenMaier & Eastham PLLC’s Post

A very important read on how out of control litigation is fueling economic inflation and jeopardizing America’s supply chain: “A critical link in America’s supply chain is under attack. American trucking firms are facing rapid lawsuit inflation, with the average size of verdicts over $1 million against trucking firms increasing by 867 percent between 2010 and 2018. At the same time, between 2000 and 2020, the rate of fatal crashes involving a truck decreased from 2.23 to 1.47 per hundred million large truck miles traveled. In other words, even though trucking is getting safer, verdicts are getting bigger. And that’s a problem.”

Our 4th paper on collision claims handling is now available for downloading from our website, which we have recently updated (www.hirstmarine.com.au - in the Case Handling section). In this paper we continue to look at the second phase in the handling of such claims, forum, and discuss limitation of liability. Limitation will only be a factor for consideration if the owner of one of the ships in collision can invoke a right to limit his liability and so prevent the owner of the other ship and any other claimants from making a full recovery.  Our paper is by way of a general overview of this wide and complex topic.

Please welcome Practus partner, Patrick J. Keating, joining us from Chicago, Illinois! Patrick represents clients involved in general civil litigation and regulatory matters, including Business and Transportation Litigation. His transportation practice encompasses Trucking, Aviation, Aerospace, Maritime, and Cargo matters. Patrick’s cases often involve advanced technologies, multiple failure modes, and complex business transactions, where his job is to ensure that judges, arbitrators, and jurors have guidance to clearly understand complexities that will help achieve his clients’ goals. Patrick's experience includes: -Product liability case -Business disputes -Employment cases -CME and futures arbitrations -Class action litigation -Appellate practice -Constitutional claims Patrick represents clients in courtrooms, at private arbitrations, and before federal, state, local government regulatory agencies. When not working to dismantle opponents’ arguments in court, he enjoys dismantling, repairing, and restoring old things like cars, cameras, tools, and furniture. Learn how Patrick can help you here: https://loom.ly/fH_sfGo #ThePractusWay #PractusLaw #LegalCounsel #CivilLitigation #TransportationLaw #ProductLiability #BusinessDisputes #PatrickKeating #PractusLaw

Check out this helpful article and summary of an important new case from the Sixth Circuit by my colleagues Michael Pomeranz and Benjamin Morrell regarding interpretation of an indemnity contract.

Accidents involving trucks can be complex, and recent changes in Texas law have added new layers of complexity. Are you prepared for the new bifurcated trial process under Texas Civil Practice and Remedies Code § 72.051 et seq.? 🌟 Check out our latest blog post! 🌟 Learn how the new Trucking Liability Act impacts victims and trucking companies alike, and gain expert insight on how to navigate these changes effectively. 🔗 Read the full blog post: https://lnkd.in/gZhVZHGS! Stay informed and ahead of the curve. Let's navigate this together. 💼⚖️ #TruckingLiability #TexasLaw #LegalInsights #LawFirm #TruckingAccidents #LegalUpdate #GirePLLC #GireLawGroup

Expert witnesses are individuals who are qualified to offer opinions on matters outside the knowledge of the judge and jury. They are retained by one of the parties in a lawsuit to testify about their area of expertise. In trucking accident litigation, expert witnesses may be called upon to testify about a wide variety of issues, including the cause of the accident, the liability of the parties involved, and the damages suffered by the plaintiff. Expert witnesses must be qualified to testify on the matter at hand. This means that they must have the requisite education, training, and experience in the field. Expert witnesses are also subject to cross-examination by the opposing party. This allows the opposing party to challenge the witness's qualifications, testimony, and conclusions. Expert witnesses play an important role in trucking accident litigation. They can help the jury understand the complex technical issues involved in the case and reach a fair verdict. #TruckingAccidents #TruckAccidentLitigation #ExpertWitnesses #TruckingLaw #TruckingIndustry #CommercialTrucking #TruckCrash #TruckSafety #FreightIndustry #CommercialVehicleSafety

#Contractlaw question for you: A supplier agreed to indemnify a purchaser for “cost arising from claims of personal injury . . . caused . . . by defective parts." The supplier supplied defective parts, which caused third parties to make personal-injury claims against the purchaser. Must the supplier indemnify the purchaser for the cost of defending against those claims? The Sixth Circuit said no. Benjamin Morrell and I have explained why. What do you think? #legalwriting #contractdrafting

Last month’s Sixth Circuit ruling related to an auto part supply contract provides useful guidance to companies drafting indemnity provisions and reminds them about the importance of clear contract drafting. Learn more in this bulletin from Detroit partner Michael Pomeranz and Chicago associate Ben Morrell:

The owners and operators of the M/V DALI that hit the Francis Scott Key Bridge have filed a petition pursuant to the Limitation of Liability Act of 1851, a US federal law that allows a vessel owner to limit damages to the value of the vessel plus its freight if they can prove they didn't know about the problem beforehand. The law was originally intended to help the American shipping industry grow. When a vessel owner seeks protection under the Limitation of Liability Act, they file a civil lawsuit in Federal District Court. All potential claimants (including anyone injured and surviving family members) are notified, and all unknown others are put on notice through publication. Not unlike a bankruptcy proceeding, all claimants must file their claims in the lawsuit within a set period—or lose the right to come forward at all. This puts the vessel owner at an advantage. If you were injured, lost someone or were otherwise harmed by this incident, find an experienced maritime legal professional who can protect your interests and file a response quickly and effectively. GSBB Law’s maritime team is ready to assist its clients in protecting their rights.  

A federal #court in the Southern District of Texas recently found that state law #tort claims against #transportation brokers are preempted by the Federal Aviation Administration Authorization Act, following on the heels of an earlier ruling out of the Eastern District of Texas that reached the same conclusion. In a new #ClientAlert, Associate Heriberto Fernandez and Partners Joelle Nelson, Todd Gray, and Al Durrell explain how these two decisions further strengthen brokers' position when facing similar litigation. #TransportationLaw #LiabilityLaw #DefenseAttorneys