In July 2023—the Missouri Legislature passed Senate Bill 398, ushering in a new era of road safety. This bill—which prohibits handheld cell phone use for drivers—was drafted in response to a Missouri Coalition of Road Safety report showing over 380 fatalities in...
Year: 2023
The Average Cost of Construction Disputes Spiked Sharply in 2022
If you’ve worked long enough in construction, chances are you’ve encountered all kinds of project delays. When things go wrong, these delays and frustrations can lead to costly disputes. And the bad news is that the stakes of those disputes continue to rise. According...
Here’s Why A Florida Trucking Case Could Echo Across The Nation
The Eleventh Circuit Court of Appeals recently ruled on a case that could have far-reaching consequences for both the trucking and insurance industries. As Insurance Journal noted, the case tested the limits of the Federal Aviation Administration Authorization Act...
How Common Are Breach Of Contract Disputes?
It is hard to find comprehensive data on legal actions across multiple jurisdictions. That said, aggregate data from 2005 makes it clear that contract disputes rank near the top of business owners’ legal concerns. In 2008, the Bureau of Justice Statistics (BJS)...
What Is The Preponderance Of The Evidence?
You probably know that you’re innocent until proven guilty. However, that’s criminal law. In the civil cases that most often concern businesses, there’s no guilt or innocence. The standard that drives most civil cases is the “preponderance of the evidence.” So, what...
Dark Money: A Look at Third-Party Litigation Financing
There’s more and more dark money in the justice system. Third-party financing isn’t a new concept, but it’s relatively new to the United States. Other countries have allowed third-party financing longer than we have, and studies have shown that it can fuel extra...
Illinois Passes Bill to Allow Punitive Damages in Wrongful Death Lawsuits
On May 18, 2023, the Illinois legislature passed House Bill 0219, amending the Illinois Wrongful Death Act to allow for the recovery of punitive damages in wrongful death actions. The bill will soon be sent to the Governor’s desk for signature. If signed into law, the...
Winning Early: 6 Common Pre-Trial Options in Business Litigation
If someone sues your business, you want to mount a solid defense. Often, the first thing that comes to mind is successfully arguing your case in court. However, court appearances and trials are often best thought of as last resorts. There are many ways you can defend...
These Were the Two Big Trucking Cases from 2022
At this point, we’re well past the new year, but 2023 has not yet fully shaken free of 2022. Especially not for the trucking industry. Two big legal cases from 2022 continue to present ongoing concerns. The cases are California Trucking Association Inc. v. Bonta and...
Are Company Officers Responsible for Maintaining Oversight?
The Delaware Court of Chancery recently ruled that corporate officers have a duty of oversight. While courts in other jurisdictions may not need to follow the Court of Chancery’s lead, they’re likely to review it closely. As a result, many in the legal field have...