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Author Archive for: "Mark Perkins"
Home » Archives for Mark Perkins » Page 15
By Mark Perkins
In Discovery, Litigation
Posted August 19, 2011

Defending A Driver for Marijuana “Intoxication”

As truck driver made an lane change, he collided with a passenger car, which was pushed into a retaining wall. To add “insult to injury,” the truck driver was allegedly under the [...]

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By Mark Perkins
In General
Posted August 11, 2011

Reputation Evidence as Mediation Tactic

A few years ago, we were defending a claim by a volatile plaintiff who claimed to have been injured  by our client’s employee. Among the issues we wanted to address was the [...]

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By Mark Perkins
In General
Posted August 4, 2011

Duty to Prevent a Crime

What happens in Louisiana if your driver sees a crime about to be committed and fails to prevent it (or even report it)? Although morally repugnant, there is no legal duty to prevent or [...]

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By Mark Perkins
In Litigation
Posted July 28, 2011

Admissibility of Trucking Industry Standards in Hiring/Supervision

Suppose you have a case where the jury needs to know if an employee is deemed to be in the course and scope of his employment when he deviated from the routine business activities. Typically this [...]

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By Mark Perkins
In General
Posted July 21, 2011

Go Ahead: Just Try and Do Something Stupid…

Over and over and over, we see cases in which a car attempts to win the lane against an 18-wheeler. Sure, you may get the lane, but you may lose your life. It’s been said many times, a [...]

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By Mark Perkins
In Cargo Issues, Litigation
Posted July 14, 2011

Foul Odor from the Cargo: What’s a Driver’s Duty?

Another odd case: An employee of a chemical company claimed to have developed respiratory airway disease syndrome from exposure to distillate of solvent  delivered by two separate trucking [...]

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By Mark Perkins
In General
Posted July 7, 2011

Depositions in a Foreign Country (such as Canada or Mexico)

Like it or not, globalization is here. With globalization of the economy comes the interaction of foreign nationals as witnesses, plaintiffs  and defendants. At one time, interstate travel [...]

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By Mark Perkins
In Cargo Issues
Posted June 29, 2011

Carmack Excludes Personal Injury Claims, Right?

I know, the first thing an attorney will say is that Carmack does not apply to bodily injuries; it only applies to cargo damage. Guess what? You’re wrong! It’s okay though, [...]

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By Mark Perkins
In Discovery, Litigation
Posted June 22, 2011

Excluding Evidence of Wealth of Trucking Company

Undoubtedly, there would be substantial prejudice against a trucking company if its wealth was admitted into evidence. Usually, this will be rare; however, when making a claim for punitive [...]

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By Mark Perkins
In Litigation, Medical
Posted June 15, 2011

Diabetic Drivers of 18-wheelers

Although I have written about this in Transport Topics and other transportation magazines, the subject of a diabetic driver is still a topic of interest. Frankly, there are many drivers who have [...]

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Popular Posts
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  • Depositions in a Foreign Country (such as Canada or Mexico)
    July 7, 2011
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