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March 27, 2013
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The South Carolina Supreme Court recently considered the novel issue of “pre-impact fear” as a cognizable element of damages in a survival action and reallocation of settlement proceeds for the purpose of setoff in Rutland v. S.C. Dep’t of Transportation, No. 2010-178606 (S.C. filed Nov. 7, 2012).
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March 27, 2013
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Within the last few months, the South Carolina Court of Appeals has promulgated two decisions concerning the Financial Responsibility Act (“FRA”) and further clarifying application of the FRA to drivers in South Carolina.
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March 27, 2013
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The Carmack Amendment to the Interstate Commerce Act, 49 U.S.C. § 14706 et seq., often leads to liability for carriers even where the freight they carry is damaged by the negligence—or even intentional wrongdoing—of a third party.
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March 27, 2013
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A recent ruling against the American Red Cross appeared to begin a series of assaults on the employment at-will doctrine by employees, unions, and the NLRB, misusing the NLRA to undermine the doctrine.
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Spring 2013
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Smith Moore Leatherwood's quarterly transportation newsletter is targeted to trucking and logistic companies, trucking insurance companies, accident reconstructionists, transportation association members and other organizations impacted by legal developments within the industry.
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Winter 2013
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Smith Moore Leatherwood's quarterly transportation newsletter is targeted to trucking and logistic companies, trucking insurance companies, accident reconstructionists, transportation association members and other organizations impacted by legal developments within the industry.
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December 3, 2012
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How the "Tangible Personal Property" regulations, released December 2011 by the Internal Revenue Service and the Treasury Department may impact your business.
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Fall 2012
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July 3, 2012
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The most interesting development in the FMCSA's strategic plan is their desire to regulate the "transportation-life cycle."
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July 3, 2012
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The FMSCA announced publication of their Final Rule establishing the National Registry of Certified Medical Examiners ("NRCME") on April 18, 2012.
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July 3, 2012
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Recently approved SC House Bill 4761 raises the gross vehicle weight for intrastate enforcement to greater than 26,000 pounds.
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July 3, 2012
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The practice of suspending drivers’ licenses for all sorts of things has caused a recordkeeping nightmare for motor carriers.
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June 27, 2012
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The determination of what constitutes a package under COGSA is not always clear and is often dependent on the facts of each specific transaction.
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Summer 2012
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June 27, 2012
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April 4, 2012
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The United States District Court for the Middle District of Florida recently handed down a decision concerning spoliation of evidence as it related to the failure to preserve data from a truck’s Electronic/Engine Control Module (ECM) following a fatal collision.
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April 4,2012
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The recently enacted Federal Courts Jurisdiction and Venue Clarification Act of 2011, P.L. 112-63 (December 7, 2011), significantly amends the federal jurisdictional statutes.
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April 4, 2012
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Beginning on January 30, 2012, a commercial driver’s medical certification will become part of his/her commercial driver’s license driving record.
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April 4, 2012
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A recent opinion by the Eastern District of the Missouri Court of Appeals reversed a decision that denied unemployment benefits to an employee who was terminated after his driver’s license was suspended.
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Spring 2012
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January 23, 2012
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Cargo security is increasingly becoming a hot topic issue for a number of shippers and carriers as cargo theft is on the rise – particularly in cases of High-Value Theft Targeted (HVTT) assets.
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January 23, 2012
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While it is true that tariffs are no longer filed, motor carriers still have the ability to draft and post tariffs, and doing so provides great benefits when freight claims arise.
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January 23, 2012
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According to a case recently issued by the 6th Circuit, Medicare’s right to recover conditional payments from settlement proceeds is not limited by the degree of legal liability of the tortfeasor making the settlement payment.
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January 23, 2012
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Marso v. UPS demonstrates the importance of documenting contract terms with shippers in order to benefit from the terms of your tariff.
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January 23, 2012
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While an updated MCS-150 must be filed every two years, one may be filed at any time.
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January 23, 2012
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FMCSA and PHMSA published their Final Rule to restrict the use of hand-held cellular phones by commercial motor vehicles,violation of which will subject drivers and carriers to stiff fines and penalties.
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Winter 2012
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November 21, 2011
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Foreign Trade Zones can be beneficial for distribution companies and businesses which require more extensive warehousing.
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Fall 2011
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October 18, 2011
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For many motor carriers, when a cargo claim is presented, the first document that is referenced is the motor carrier’s tariff. However, it is equally important for the motor carrier to keep in mind the big picture for the entire shipment from which the claim arose and to review all the shipping documents relevant to that shipment.
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Summer 2011
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July 1, 2011
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Carriers must have in place a good contract with a shipper or broker to control its exposure for cargo loss.
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July 1, 2011
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The Foreign Trade Zone program was created to promote American competitiveness by encouraging companies to maintain and expand their operations in the United States.
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July 1, 2011
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On June 14, 2011, Governor Haley signed the Bill providing substantial limitations on punitive damages in South Carolina.
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July 1, 2011
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The N.C. Court of Appeals recently ruled that inadvertent driver error caused by falling asleep behind the wheel, by itself, is insufficient to support an award of punitive damages.
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July 1, 2011
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A look at the most significant provisions of the bill that reforms the North Carolina Workers Compensation Act.
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June 30, 2011
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Pennsylvania Suit Demonstrates Dilemma: doctors are certainly in a no-win situation when certifying DOT drivers.
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April 5, 2011
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The Montreal Protocol governs some international losses to cargo that occur during shipment by air, impacting brokers, freight forwarders, and 3PLs.
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April 5, 2011
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South Carolina Court of Appeals Allows Wildly Liberal Verdict to Stand
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April 5, 2011
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A recent case from the SC Court of Appeals resulted in a rare victory for the defendant trucking company, which had been sued on a negligent hiring theory.
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April 5, 2011
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Recently, OSHA cited a trucking company for a willful violation for failing to provide fall protection for a truck driver.
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March 14, 2011
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The Food Safety Modernization Act (FSMA) was signed into law in January 2011. This legislation grants new powers to the Food and Drug Administration (FDA).
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January 14, 2011
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If your employees are using cell phones while driving, a Distracted Driving Policy may afford some protection against liability in the event of a lawsuit.
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Winter 2011
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December 19, 2010
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Intrastate Trucking - Effective October 1, 2011, South Carolina will become the 38th state to require an Intrastate DOT number for intrastate motor carriers.
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December 19, 2010
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A new NC truck idling law involves new restrictions on heavy vehicles. The NC Division of Air Quality is offering rebates to some drivers who install APUs.
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December 18, 2010
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The proposed law would ban commercial drivers from using a hand-held cell phone in any manner while operating a commercial motor vehicle.
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Fall 2010
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Summer 2010
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Spring 2010
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2010 New Years Edition
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Fall 2009
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Summer 2009
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Spring 2009
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Winter 2009
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October 2008
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July 4, 2008
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