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By Mark Perkins
In Quality of Life
Posted September 9, 2017

Finding Purpose Beyond Making Money

I post periodically on LinkedIn in an ongoing blog about “expectations of….” Recently, I started what I hope to be a dialogue about “finding your purpose” using some [...]

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By Mark Perkins
In Accident Investigation
Posted July 8, 2017

How to Locate Where a Driver Was Before or After an Accident from Cellphone Data

Suppose a driver said she was coming from a certain direction, but you question if it’s  true. Is there a way to analyze the cellphone GPS data to determine where she was coming from before [...]

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 Rapid Response Investigation: Louisiana Work Product-Privileged Information?
By Mark Perkins
In Accident Investigation, Discovery
Posted May 4, 2017

Rapid Response Investigation: Louisiana Work Product-Privileged Information?

Like many of my peers in defending trucking companies, I am often called upon to oversee the investigation of catastrophic accidents. I doing so, I retain the experts and field adjusters to [...]

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By Mark Perkins
In Broker Liability
Posted April 14, 2016

Broker Liability in Trucking Accidents After MAP-21

This federal statute was implemented on October 1, 2013.   The section of the statute most important for discussion here is 49 USC §14916. Whereas, prior to passage of this statute, entities [...]

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 15 Trial Tips for  Novice Trucking Defense Attorneys (or “Other” Attorneys)
By Mark Perkins
In Litigation
Posted April 9, 2016

15 Trial Tips for Novice Trucking Defense Attorneys (or “Other” Attorneys)

As you may know, I started my legal career as a prosecutor. I literally tried hundreds of  bench trial and scores of jury trials. In five years as a prosecutor, I was fortunate to have tried more [...]

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 Isn’t It Time To Start Filing Sanctions For Dumbass…Frivolous Claims?
By Mark Perkins
In General
Posted March 20, 2016

Isn’t It Time To Start Filing Sanctions For Dumbass…Frivolous Claims?

Curious? Have you ever requested sanctions for a frivolous lawsuit or meritless defenses?   In Louisiana, the  Code of Civil Procedure article 863(B)(1)  states that no pleading should be [...]

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By Mark Perkins
In Insurance Coverage
Posted January 28, 2016

Trucking: Bobtail Coverage Course & Scope of Driver on Personal Mission (like going to lunch)

You have a driver delivering a load, but he is about to use up his hours of service. He drops his load, unhitches the trailer and take the tractor on personal mission. In route on the personal [...]

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By Mark Perkins
In Discovery
Posted January 9, 2016

The Enigma of Getting Medical Records and Depositions From the Veterans’ Administration

Our firm would like to depose some of the doctors at the VA who treated a veteran. When contact was made with the VA hospital to get the dates when those doctors were available, the VA informed [...]

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By Mark Perkins
In Broker Liability
Posted November 6, 2015

Updates on Broker Liability In Trucking Defense Litigation

“The Impact of Sperl” posted on this blog in March 2012 remains one of the most viewed posts. Undoubtedly the impact of the Sperl decision of over $23 million against of the largest, [...]

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By Mark Perkins
In General
Posted October 16, 2015

The Continued Debate on Discoverability of Social Media

The following is just another case (one of the most recent in Louisiana federal courts) on the issue: Are a plaintiff’s Facebook pictures discoverable when they are asserting a personal injury [...]

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By Mark Perkins
In General
Posted August 11, 2015

Law-speak Translated…

Even if a legal professional may be lucky enough to speak with a client in the native language of the client, the attorney tends to use a special set of words unique to the profession. Let me [...]

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By Mark Perkins
In General
Posted May 6, 2015

What do Truck Drivers Have in Common with Exotic Dancers?

Other than discouraging  drivers from attending a strip club, most of trucking companies would not be concerned that their drivers have anything in common with exotic dangers. Yet in recent [...]

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By Mark Perkins
In Insurance Coverage, Litigation
Posted April 4, 2015

How to Dismiss Direct Action Against Excess Insurer When Trucking Company Has Sufficient Coverage

Many excess insurance carriers get nervous when sued under Louisiana’s Direct Action Statute and want us to get them dismissed.   However, under the Direct Action Statute (La. R.S. [...]

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By Mark Perkins
In General
Posted February 1, 2015

Negotiating Despite the Agression of “Versus”

As a trial lawyer, I take the word “versus”  for granted. It has been in  every caption of every case that I have ever been involved. Sadly, it has become more than [...]

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By Mark Perkins
In Accident Investigation, Litigation
Posted January 4, 2015

Defense Guidelines for Truck Driver Interview

Much of this information, you may already have available electronically, but I have a checklist available in  PDF or Word version. Please let me know and I will forward it to you. [...]

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By Mark Perkins
In General
Posted October 18, 2014

Be Bold Be Bald 2014

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By Mark Perkins
In General
Posted October 18, 2014

Be Bold Be Bald 2014

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By Mark Perkins
In General
Posted October 9, 2014

Tardiness: A Satirical Analysis of the “Best” Excuses

Completely off topic from trucking defense, but still associated with employee management, I thought I would share some of the best excuses for tardiness anticipating so lame excuse for tardiness [...]

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By Mark Perkins
In Medical
Posted October 2, 2014

Reactive Airways Dysfunction Syndrome (RADS)

In your legal career, eventually you will come across RADS (Reactive Airways Dysfunction Syndrome), even in trucking litigation, particularly when hauling hazardous materials.   One of the [...]

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By Mark Perkins
In Litigation
Posted September 24, 2014

Every Driver Has A Story

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By Mark Perkins
In Discovery, Litigation
Posted September 10, 2014

Summary of Cellphone Laws by State

The following is a great asset for a quick reference to the cellphone laws in each state. Thanks to Harvey Mensch with ATTIC for sending to me. Thanks to the Insurance Institute for Highway [...]

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By Mark Perkins
In General
Posted September 10, 2014

Healthcare Fraud Still OUT of Control!

Although I cannot go into detail, I was recently contacted  about a possible insurance fraud investigation.  In the defense arena, this is an area that we are constantly [...]

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By Mark Perkins
In Discovery, Medical
Posted July 17, 2014

Is There an Easy Way to Obtain Records and Depose Doctors from the Veteran’s Administration? Short Answer: No.

Although the Veterans Administration has fallen under recent scrutiny for the backlog of patients to be seen, those of us the private practice of law have long been frustrated with the process of [...]

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By Mark Perkins
In General
Posted July 10, 2014

Isn’t it About Time Defendants Fight Back With Sanctions Motions for Frivolous Claims? Whoa! That May Not Happen!

“It seems like the same lawyers are the ones filing frivolous lawsuits over and over, and judges are not enforcing the sanctions available to discourage this practice.” Louisiana Code [...]

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By Mark Perkins
In Cargo Issues
Posted July 2, 2014

Update: Carmack Amendment May Preempt/Dismiss State Law Claims of Bodily Injury

As recently shared by Beata Shapiro at the Transportation Logistics Counsel Annual conference:   Liability: A motor carrier providing transportation services is liable to a shipper for [...]

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By Mark Perkins
In General
Posted June 26, 2014

Gross Negligence and Punitive Damages Under Texas Law

  The following information may be somewhat outdated so please review recent decisions and statutes on the subject of gross negligence; however, for an overview read on. Please leave your [...]

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By Mark Perkins
In Employment Law, Litigation
Posted June 5, 2014

Checklist to Prevent Employer Liability for Improper Background Checks

The following is fully attributed to +Rick Norman for  the excellent outline of the legal issues of properly conducting background check of prospective employees. An employer who hires [...]

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By Mark Perkins
In General
Posted May 30, 2014

Hey Westlaw Louisiana’s Non-Compete Statute IS DIFFERENT from the Statute on Employer Immunity Background Checks !

Background checks are extremely important in the trucking business. They are regularly at issue in the litigation of cases of negligent hiring. Recently, when reviewing changes in the law [...]

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By Mark Perkins
In General
Posted May 7, 2014

Non-Trucking, but Perhaps the Biggest Religious Liberty Decision Influenced by Local Attorney from Shreveport, LA

The following was shared with me by my friend, Mike Johnson. I wish I could claim any part of this. At least I can share the good news and hard work, and be reminded that when he first started [...]

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By Mark Perkins
In General
Posted March 20, 2014

Truckers Call 1-800 Number for Help!

  Now there is an elite group of thousands of highly qualified businesses providing  truck services for truck drivers everywhere ANY TIME. This first national network is designed to [...]

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By Mark Perkins
In Employment Law
Posted March 13, 2014

Overbroad Trucking Handbooks May Equal Unfair Labor Practices!

I recently  read  an article by Maxine Neuhauser that I thought you would be interested. At will employment disclaimers in employee handbooks are the norm, but recent decision by [...]

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By Mark Perkins
In General
Posted March 6, 2014

Double Damages for a Private Cause of Action in the Medicare Secondary Payer Act?

Have you been threatened by plaintiff’s counsel with a claim for double damages under Medicare Secondary Payer Act? It was tactic that was fairly popular a few years ago citing:   [...]

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By Mark Perkins
In General
Posted February 27, 2014

Lousiana Trucking Employee on Workers Compensation Refuses to Comply with Treatment Plan

Suppose you’re  notified that an injured employee on workers compensation  is in violation of his treatment plan? For example, suppose the employee is on worker’s [...]

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By Mark Perkins
In General
Posted February 6, 2014

Another Case of Bad Facts = Bad Law in Louisiana: Rachal v. Brouillette and the Separate Elements on Verdict Form

Rachal v. Brouillette, 12-794 (La.App. 3 Cir. 3/13/13), 111 So.3d 1137, 1142-43, writ denied, 2013-0690 (La.5/3/13), 113 So.3d 217, the Louisiana Third Circuit Court of Appeal, meeting en banc, [...]

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By Mark Perkins
In General
Posted January 30, 2014

Can the UM Insurer Reduce/Offset Payments Made by Workers Compensation Insurer When Settling With a Plaintiff/Employee?

In the odd circumstances when an employee is injured on the job and the other vehicle does not have adequate insurance, the employee may seek compensation from his employer’s UM insurer. [...]

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By Mark Perkins
In General
Posted January 17, 2014

Three Months Since Last Blog Post: Memorial to “Poppi”

Yep! Over Three months since  I last posted. The reason is that between late September through Thanksgiving, my wife, sister, brother-in-law and I were helping to care for our stepfather who [...]

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By Mark Perkins
In General
Posted October 3, 2013

Truckers and Sex Trafficking

Just what happens at those truck stops? Are there really prostitutes knocking on the doors of truck cabs? Do truck drivers encourage trafficking or prevent it? How serious is the problem?   [...]

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By Mark Perkins
In General
Posted September 5, 2013

How NOT To Be a BORING Conference Speaker

Well, it’s been three weeks since I last blogged. I am sorry to all of you who expect a weekly blog on trucking issues, but I have been swamped with several cases and transition [...]

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By Mark Perkins
In General
Posted August 15, 2013

Mandatory DNA Testing in Louisiana?

NO. Unless you’re arrested for a felony offense, you do  NOT have to voluntarily give a DNA sample for testing.   DNA analysis has come a long way since I was prosecutor in [...]

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By Mark Perkins
In General
Posted August 8, 2013

SIX Louisiana Cities Have the Highest Healthcare Costs in the Nation!

Louisiana should pass a similar statute enacted in Texas in which only the actual PAID medical expenses are reimbursable in a tort action. Presently the incurred expenses, even if  not [...]

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By Mark Perkins
In General
Posted August 1, 2013

So What’s the Big Deal About Texting and Driving? Okay, Maybe JUST Talking on the Cell Phone, Right?

Texting and driving seems to be fairly innocuous doesn’t it? I mean, what’s the big deal? In 2010, The National Safety Council announced today that at least 28% of all traffic crashes [...]

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By Mark Perkins
In Accident Investigation
Posted July 18, 2013

Rapid RESOLUTION To Catastrophic Accidents (Part I)

Sorry about missing the blog post for last week, but I was out of state attempting to resolve a catastrophic accident only a few weeks following the incident. Obviously, I cannot go into the [...]

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By Mark Perkins
In Accident Investigation, Litigation
Posted June 27, 2013

Crazy Busy, but Don’t Forget to Preserve the Evidence!

I wish I had the time to blog  a more informative post this week, but since last week, the following  have inundated me: problems with my father problems with the server in the cloud [...]

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By Mark Perkins
In Quality of Life
Posted June 20, 2013

Epidemic of Depressed Lawyers!

This is no joke! I am not posting about trucking specific topics today because I am out of the office on an “ancestry search” with my seventy-nine year old father, who recently [...]

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By Mark Perkins
In General
Posted June 13, 2013

Superior or Sub-par Service? You decide!

No matter how you slice it, lawyers are in the service industry. We are judged not only on our knowledge, expertise and results, but also on how well we PERFORM those services. How do we get [...]

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By Mark Perkins
In Litigation
Posted June 6, 2013

Checklist for Great Jury Instructions

In the past, I have blogged about and shared “standard voir dire” questions, but the following is to assist with instructions given to the jury. I am not presenting actual suggestions [...]

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By Mark Perkins
In General
Posted May 30, 2013

Hours of Service Changes Effective July 1, 2013

I empathize with truck driver who has to keep up with continuing changes in hours of service. It seems that every few months there is change or a proposed change. Don’t get me wrong, I am [...]

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By Mark Perkins
In Discovery, Litigation
Posted May 23, 2013

Another Battle Over the Discoverability of Social Media

I cannot understand how anyone can make the argument with a straight face that social media posts of the plaintiff are not relevant. Surely the posts of a the plaintiffs’s activities before [...]

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By Mark Perkins
In Discovery
Posted May 16, 2013

Be Wise: Preserve Electronic Evidence That MAY Be Discoverable!

Although the decision is over a year old, in NACCO Materials Handling Group, Inc. v. Lilly Co. (No. 11-2415 AV, 2011 WL 5986649, W.D. Tenn. Nov. 16, 2011), the plaintiff brought a motion to [...]

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By Mark Perkins
In General
Posted May 9, 2013

Does Anyone KNOW the Law in Louisiana on Negligent Hiring, Supervision and Entrustment?

Louisiana law recognizes a cause of action for breach of an employer’s duty to exercise reasonable care in hiring, training and retaining employees, and such cause of action is independent [...]

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