Blog

Reviews Missouri Supreme Court decision to not address constitutionality of statute limiting types of damages uninsured motorists can pursue and consequences of waiving constitutional rights during litigation.

Explains changes made to appropriate venues for challenging Illinois administrative rules, executive orders, and constitutionality of state laws. Includes pros and cons of those changes.

An analysis of how plaintiffs are increasingly suing brokers and shippers under an agency theory, and tips for protecting against that potential liability.

An opinion filed by the Illinois Supreme Court on April 21, 2022, will have a tremendous impact on the trucking industry. In McQueen v. Green, 2022 IL 126666, the Illinois Supreme Court held that plaintiffs may pursue separate claims for negligent hiring, negligent supervision, and negligent retention against a trucking company/employer for the employer’s conduct in failing to reasonably hire, supervise, or retain an employee, even where the trucking company/employer admits vicarious liability for its truck driver/employee.

In departing from long-standing precedent and ...

Analysis of Missouri appellate court decision denying personal jurisdiction in truck accident where plaintiff based claim on Missouri’s long-arm statute

Illinois’ Supreme Court will decide whether an Appellate Court opinion in Gant also applies to negligent training claims against employers

Trucking companies should preserve a vehicle’s infotainment system data re its operation in critical seconds before collision

Trucking companies providing last-mile delivery need to be aware of potential claims they face and protections they have against such claims

Paulette Anthony was driving down the road when a truck crossed into her lane, causing her to crash into Lisa Hearn’s vehicle. Hearn sustained serious injury. Hearn claimed to have interacted with the truck driver following the accident, but the truck driver fled the scene before police arrived. The truck and its driver were never identified. However, Hearn claimed that the truck bore ABF signage.

Hearn and her husband, Daniel, sued ABF for negligent operation of a motor vehicle. It would seem the Hearns would have an uphill battle with no identified driver and only a memory of the ABF ...

The Illinois Department of Insurance cannot adjudicate employment status disputes relating to insurance premium calculations. That is the ruling from the Illinois First District Court of Appeals in a significant decision with ramifications for trucking companies utilizing owner-operator agreements.

The case, CAT Express, Inc. v. Muriel, 2019 IL App (1^st) 181851, concerned whether truck drivers retained under an owner-operator agreement are employees or independent contractors for the purpose of workers’ compensation insurance. CAT Express (“CAT”), an Illinois ...