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Broker Liability, Litigation, and Negligent Hiring: It’s What You Know AND Who You Hire

When it comes to tort liability in trucking litigation, plaintiffs’ attorneys have always cast a wide net. In the past, plaintiffs’ attorneys have typically used the theory of agency relationship between a broker and a carrier.  Plaintiffs’ attorneys are now seeking to hold freight brokers liable through theories of negligent hiring, negligent retention, and negligent selection, alleging that a broker has failed to assess a carrier’s safety record, claims history, and insurance status.  This article analyzes some of the latest case law on negligent hiring and discusses the best practices for brokers to avoid liability under the theory that they negligently hired a carrier.

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Digging into an Opposing Expert’s Past

Plaintiffs’ retained testifying experts must, similar to lawyers, market themselves to potential clients. In their profession, of course, their target clients are plaintiff-oriented firms. Just as members of any profession, plaintiffs’ testifying experts often become more sophisticated both in their craft and their marketing efforts with experience, which, essentially, means they become better at spinning the same underlying biographical facts over the years. As defense attorneys, we can uncover helpful impeachment material by comparing these experts’ current promotional materials with the ones used during the dawn of their careers. Both lawyers and their experts have used the Internet to promote themselves for almost two decades, and these marketing materials can still be found lurking in the greater depths of the Internet if you seek them out.

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The Role of Medical Examiners and Forensic Pathologists in the Defense of Wrongful Death Cases

In catastrophic injury cases, defense counsel are most familiar with the first responder investigations conducted by local and state police and fire departments.  In death cases, however, there is a third public responder, the local Medical Examiner’s Office. 

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U.S. asks appeals court to reconsider Obamacare subsidies ruling  - Reuters 8/1/2014
Remaining plaintiffs ordered to mediation with Pilot Flying J  - Nashville Business Journal 8/1/2014
New trend in healthcare litigation in disclosing risk-management materials  - Inside Counsel 8/1/2014
FedEx weighs in on indictment  - Inside Counsel 8/1/2014
Judge Upholds Demand for Microsoft's Irish Data  - Courthouse News Service 8/1/2014
FCC chairman ‘troubled’ by Verizon’s data speed plans  - Inside Counsel 8/1/2014
Judge orders end to Memphis Kellogg lockout  - Yahoo!Finance 8/1/2014
Understanding the Differences Between Standard and Excess/Surplus Lines  - Claims Journal 8/1/2014
J&J Withdraws Hysterectomy Device Tied to Cancer Spread  - Bloomberg 8/1/2014
SEC fails to get $1.4B in case involving Wyly brothers  - Inside Counsel 8/1/2014
New Obama Order Ups the Ante on Labor Disputes  - Businessweek 8/1/2014
Gear Shift Problem Leads to Hyundai Recalling 883K Sonatas  - Claims Journal 8/1/2014
Banks Face Hit From CFPB on $30 Billion in Overdraft Fees  - Bloomberg 8/1/2014
Proactive regulation  - Inside Counsel 8/1/2014
Wisconsin Supreme Court upholds law curbing collective bargaining for public workers  - ABA Journal 8/1/2014

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