ALFA International Publications

Broker Liability Broker liability claims generally take two paths Broker as motor carrier Broker exercised a level of control, or maintained a sufficient right to control to be considered the driver’s employer, and therefore the motor carrier or co-carrier Negligent vetting Knew or should have known the motor carrier was “unsafe” Definition of a motor carrier – 49 CFR 371.2 Definition of a…

Last-minute demands are a frequent and disruptive feature of litigation. From newly disclosed experts to plaintiff-imposed response deadlines, these surprise moves feel designed to catch defense teams flat-footed. Attorneys, clients, and adjusters often can’t prevent these surprises, but they can prepare for them. This article outlines actionable techniques to stay calm, stay ready, and stay effec…

What keeps plaintiff’s attorneys up at night on their slam dunk cases?   Jury Selection Profile the type of juror you want for your transportation case Is there one common question the defense commonly does/does not ask in voir dire that they should/should not ask? Thoughts on Common Defense Trial Tactics What are some common mistakes made by the defense at trial that tend t…

Built to Code, Sued Beyond It Products liability claims arising from trucking accidents are nothing new, but recent verdicts suggest a shift in how plaintiffs seek to prove their cases against motor carriers. This session will discuss the recent nuclear verdicts against Wabash and Daimler and present strategies to protect your company from the same fate. Wabash National Corp. -- $462 Million Ve…

Using Focus Groups to Evaluate and Strengthen Accident Cases Focus groups and mock trials are valuable tools for litigants in the legal process, providing insights and feedback that can enhance trial strategies. The plaintiff’s bar has used this form of jury research on virtually every case for years, while the defense bar is slowly increasing its use of focus groups and mock trials, particularly…

Psychological Warfare: Dancing with the Enemy How to Position Yourself as an “Advocate” for Plaintiff “If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer defeat. If you know neither the enemy nor yourself, you will succumb in every battle.” – Sun Tzu, The Art of War Int…

Why are Healthcare Charges So Much Higher Than Reasonable Value? The Real Reasons May Surprise You In most U.S. industries, “list prices” serve as a sufficient measure of “market value,” a concept which encompasses terms such as fair market value, reasonable value, and relative market value.[i] According to economic theory, prices convey most of the information consumers need to make a purchase an…

Our excess tower panel will discuss how they determine whether to try or settle cases including their perceived key predictors in a nuclear world, as well as best practices for their insured motor carriers and defense counsel. An underlying objective is for our group to help lawyers, clients, and insurers to better deal with “tower cases” by setting guidelines for cooperation and goals in dealing…

What can we do to keep plaintiff’s attorneys up at night on their slam dunk cases? Discovery tools and tips to limit plaintiff’s case presentation/claimed damages Information that defense attorneys often fail to request during discovery that would strengthen their position How to limit preparation gaps of corporate representatives Developing good documents Putting evidence into context…

Cautionary Tale about Fraud Fraud Claims and Their Impact Rise in Fraud Claims Studies show that there has been a huge rise in staged accidents in the last 5 years. States with highest volume of staged accidents: New Jersey New York California Florida Louisiana Why 18-wheelers? They are the perceived “deep pocket.” There was an increase from 2014-2019 in the number of …