Minnesota Supreme Court Rejects Reallocation of Damages to Severally Liable Parties
Under the law, parties can be held either “severally” or “jointly and severally” liable for damages. Under the first category, called several liability, a party is only liable for the harm it caused. Under the second category, called joint and several liability, a party is liable for the harm both parties caused. What if two […]
Minnesota Supreme Court Rejects the Federal Plausibility Standard of Iqbal and Twombly and Upholds Minnesota’s Traditional Pleading Standard
In Walsh v. U.S. Bank, N.A., No. A13-0742, 2014 WL 3844201 (Minn. Aug. 6, 2014), the Minnesota Supreme Court addressed whether the federal plausibility standard set forth in Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), and Ashcroft v. Iqbal, 556 U.S. 662 (2009), applied to civil pleadings brought in Minnesota state court. Under […]
Overview of FMCSA Regulations Applicable to Interstate Drivers
Motor carries and other companies operating motor vehicles often have difficulty sorting out which U.S. Department of Transportation (“DOT”) regulations governing drivers apply to them. The following chart provides a handy reference for determining which DOT requirements apply to your drivers based on the nature and size of your vehicle fleet. In addition, you should […]
DOT Pre-Employment Investigations for Commercial Drivers
When hiring a commercial driver to operate a commercial motor vehicle (“CMV”), employers are required by law to conduct a driving record background check and an employment history background check. In order to comply with applicable U.S. Department of Transportation (“DOT”) regulations and minimize the risk of liability for negligent hiring, Minnesota motor carriers must […]
DOT Requires Motor Carriers to Review Commercial Drivers’ Annual Driving Records
Under applicable U.S. Department of Transportation (“DOT”) regulations, motor carriers are required, at least once every twelve months, to review the driving of record of each driver that it employs to determine whether the driver meets the minimum requirements for safe driving or is disqualified to drive a commercial motor vehicle. 49 C.F.R. § 391.25. […]
Commercial Drivers Required to Self-Certify
By January 30, 2014, Minnesota drivers holding or applying for a commercial driver’s license (“CDL”) are required to certify the following with Driver and Vehicle Services (“DVS”), a division of the Minnesota Department of Public Safety: (1) whether the driver is engaged in interstate or intrastate driving; and (2) whether the driver is exempt or […]
DOT Entry Level Driver Training Requirements Explained
Employers that operate commercial motor vehicles should ensure that all commercial drivers are competent and well trained. For new drivers, the U.S. Department of Transportation (“DOT”) has established specific entry level training requirements, as outlined further below. Training Requirements for Entry-Level Drivers The FMCSA issued a final rule requiring training for entry-level drivers who are […]
DOT Driver Qualification Rules for Commercial Drivers Explained
In order to avoid claims for negligent hiring, negligent retention, negligent supervision, and negligent entrustment, Minnesota motor carriers should take proactive steps to ensure the hiring and retention of qualified drivers. This starts with ensuring that all commercial drivers comply with U.S. Department of Transportation (“DOT”) driver’s qualification rules promulgated by the Federal Motor Carrier […]
DOT Job Applications for Commercial Drivers Explained
In order to avoid claims for negligent hiring, negligent retention, negligent supervision, and negligent entrustment, Minnesota motor carriers should take proactive steps to ensure the hiring and retention of qualified drivers. This starts with using a job application compliant with U.S. Department of Transportation (“DOT”) regulations promulgated by the Federal Motor Carrier Safety Administration (“FMCSA”). […]
DOT Final Rule on Hours of Service Takes Effect
One of the most recurrent allegations in trucking accidents is that the accident occurred because the driver was fatigued from driving “out of hours.” This means that the driver was in violation of federal regulations regarding the maximum number of driving hours or hours of service. 49 C.F.R. § 395.3. The FMCSA issued a final […]