Jeremy W. Richter, Author at Jeremy W. Richter

The Effect of Punitive Damages Exclusions on Motor Carriers and Truckers

Apr 17, 2017

Several months ago, another lawyer asked me this question: Is there any prohibition in Alabama against punitive damages exclusions as it relates to commercial vehicle mandatory insurance coverage limits? Without looking it up, my initial thought on the matter was no, there isn’t any such prohibition. But that led to a more interesting version of the question: What is the practical effect of punitive damages exclusions on an insurer when a motor carrier has an MCS-90 Endorsement in place? Well, that’s a pretty big house to build, so I want to lay a foundation, then build the thing one wall at a...

Common FMCSA Compliance Problems: Non-English Speaking Drivers

Jan 19, 2017

While the FMCSA requires that a commercial drivers are able to read and speak the English language, studies show that motor carriers commonly violate this regulation.

Common FMCSA Compliance Problems: Alcohol & Drug Screens

Jan 12, 2017

The FMCSA requires motor carriers to submit drivers to drug and alcohol screens under certain circumstances, a common area on non-compliance in the trucking industry.

Three Steps to Becoming a Better Associate

Jan 9, 2017

Now that you’re an associate attorney, what steps can you take to become a better associate for yourself and the partners you work for? I write this not as a “guru” who’s got it all figured out. I am not saying – “This is what I did, and it’ll work for you.” Because I’m still here, trying to become a better associate. My purpose here is to pass along some acquired experience, and hopefully wisdom, in an effort to assist you who are entering or at least early in this uncertain and anxiety-ridden tenure as an associate to become a...

Common FMCSA Compliance Problems: Medical Examiner’s Certificates & Reports

Jan 5, 2017

The FMCSA requires commercial drivers to be physically qualified to operate a commercial vehicle, a regulation with which motor carriers and drivers commonly struggle to comply.

Common FMCSA Compliance Problems: Hours of Service

Dec 29, 2016

The FMCSA requires commercial drivers and motor carriers to comply with hours of service regulations that control how long and how often a driver can operate a commercial vehicle.

FMCSA’s Mission, and the Purposes of SAFER, CSA, and SMS

Dec 19, 2016

The FMCSA operates to makes the roadways safer (with regulations and programs like CSA) and makes safety information about motor carriers available to the public via various websites like SAFER and SMS.

2016 Alabama Workers’ Compensation Wrap-Up

Dec 15, 2016

An aggregation of the Alabama appellate court decisions affecting workers’ compensation in 2016. The appellate courts in Alabama were busy hearing and deciding workers’ compensation matters in 2016. Below is a synopsis of what happened related to workers’ compensation this year. Follow each of the links for a brief of the cases. Ex parte Lincare Inc. and Angela Stewart: The Workers’ Compensation Act’s exclusivity provision precludes a claim against the employer for an employee’s willful conduct. City of Birmingham v. Alex Thomas : A pension board is a separate entity from the municipality under certain conditions. Ex parte Lowe’s Home Centers, LLC: Under Alabama...

Timely Appeal When Original Claims Are Dismissed & Amended Pleadings Are a Nullity

Dec 5, 2016

Maria Graham v. City of Talladega: Amended pleadings are a nullity if they do not comply with ARCP 15, and once the original claims are dismissed, a party has 42 days from the date of dismissal to file an appeal, pursuant to ARCP 4. On June 3, 2015, Maria Graham sued the City of Talladega, alleging that she was wrongfully terminated. The matter was set for its first trial setting on September 8, 2015. A status conference was held on that date at which time the trial court ordered Graham to pay for and produce to the court by November 16,...

Court’s Authority to Require a Party to Submit to Mental Examination

Dec 1, 2016

Ex parte Tidra Corporation – A trial court may only require a party to submit to a mental examination under Alabama Rule of Civil Procedure 35, if one of the parties has filed a motion requesting a mental examination and has made a good showing that it is necessary.