Schedule/Sessions

SESSION 1 - Current Issues: Air, Land and Sea Transportation

• Speakers:

• Richard Furman, Self Employed

• Selena Ho, Markel Service, Incorporated

• W. Brett Mason, Stone Pigman Walther Wittmann L.L.C.

• Dennis Minichello, Marwedel, Minichello & Reeb, P.C.

This panel will provide an overview of current issues facing shippers and transportation interme­diaries, including ocean carriers, motor carriers, freight forwarders, and brokers in their handling and transportation of cargo in the United States.  This panel will highlight the current status and challenges faced by participants in the transportation of cargo and will offer both insight and practical approaches to the handling of loss and damage claims which occur during that trans­portation.
 

SESSION 1 - Uber: Uncommon Carrier Becomes Common

• Speakers:

• Floyd Cottrell, Rawle & Henderson LLP

• Kenton Kaplan, Claim Professionals Liability Insurance Company

• John Ramirez, Bush & Ramirez, PLLC

Uber currently lives two different lives in the justice system. In some jurisdictions, Uber insists it is an app company not subject to regulation by the government. In other jurisdictions, where––incidentally––the government seeks to embrace the company’s services, Uber pushes for regulations specific to its business model, separate and apart from regulations applicable to taxi services.
Most state and city governments that have embraced Uber’s business model have come up with new definitions to classify such an organization, and have passed unique regulations under which Uber must operate. Because these regulations are generally far more forgiving than those under which taxi companies must operate, those companies are seeking court intervention to stop what they perceive as unfair competition, outlining the history of taxi regulation and the rationale for the existence of said regulations.
Insurance companies are faced with the question of how to classify a vehicle used for Uber services. In addition, some insurance companies have made the decision not to insure such multi-use vehicles, in spite of Uber’s popularity being on the rise.
Uber’s inventive business model has rocked the law boat and forced the law to catch up with current technology. What will be the ultimate decision on how to treat this company in regulatory and insurance law?
 

BREAK

SESSION 2 - The Potential Impact of the Public's Perceptions of Trucks on Jury Selection in Accident Litigation

• Speakers:

• William A. Long, The Long Firm, LLP

• Chris Massenburg, MG+M, The Law Firm

• Eric Rudich, Blueprint Trial Consulting

• David Shoults, Broadspire

In civil trials, the jury is often the ultimate finder of fact that determines what happened and, almost always, the jury’s decision is final. Jury selection is critical to the success of a case. After looking at empirical data examining motorists’ perceptions of large trucks and public transportation, researchers have applied this data to civil litigation to see how these perceptions may affect jury selection in trials where large trucks or buses and other forms of public transportation are involved.
We will discuss an overview of jury selection; the perceptions of large trucks and other forms of public transportation among potential jurors; how the available data impacts and influences jury selection by both the plaintiffs and defendants; and the practical and ethical implications of it all.   
 

SESSION 2 - You Decide! Are On-Board Video Systems Worth It?

• Speakers:

• Michael Lowry, Wilson Elser

• Tom McLaughlin, TFI International

• Tamara Warn, Superior Risk Management

Do the benefits of on-board video systems outweigh the costs of installing, monitoring and maintaining them?  Do the systems actually help prevent claims or resolve them at earlier stages?  Are the systems a help or hinder if the claim goes to litigation?  These questions and others are front and center as transportation providers experiment with on-board video systems.  This panel brings the debate to Omaha and will ask the audience to weigh in.
 

BREAK

SESSION 3 - What Goes Up, Must Come Down: An Update on Jury Verdicts in Motor Vehicle Cases

• Speakers:

• Melanie R. Cheairs, Lorance Thompson, P.C.

• Robert Horner, Markel Service, Incorporated

• Nick Lanza, Lanza Law Firm, P.C.

A lively panel discussion of what drives the high verdicts, and how to effectively mitigate potentially bad cases up front when a bad case goes to trial.  We will review the results of a survey on a few large motor vehicle verdicts, and what went wrong in those cases.  We will also explore success stories in defending a bad case to a successful defense verdict.  The case verdicts will include a cross-section of the types of commercial and personal motor vehicle cases handled by the audience daily.  The audience and panel will also discuss tips, strategies, and “tricks of the trade” that have led to successful defense verdicts in a variety of over-the-road transportation litigation. 
 

SESSION 3 - You've Just Been Notified of a Serious Collision, Now What?

• Speakers:

• Terence Milford, CBIZ Insurance Services, Inc.

• Stephen Olson, Engles, Ketcham, Olson & Keith, P.C.

• Tom Rush, Focus Forensics

The best claims handling decisions can be made when you have ALL of the information.  Far too often, important facts and evidence are not gathered early in a claim, leaving everyone involved to think later, “if only someone had done this when we had a chance.”  This presentation is intended to familiarize the audience with the types of time-critical facts and information potentially available after a collision.  Specifically, the value of collecting data from vehicle event data recorders, or “black boxes,” will be discussed.  “Black box" data often is a unique source of information that can answer pertinent questions about a claim, but this data is also short-lived and can be easily lost if not gathered right away.  The panel will address the availability, accessibility, and importance of this data for claims management, and will provide the audience with simple go-to-guides regarding whether or not this information will be helpful to a specific claim.  Additionally, the panel will address the preservation and application of other sources of facts and information collected from the collision scene, GPS data, driver logs, damage of the vehicles, pre-existing conditions of commercial motor vehicles, and cell phone data. 
 

Networking Cocktails