- Posts by Adam S. McGonigle
PartnerAdam S. McGonigle is an experienced trial attorney who focuses his practice on defending individuals, businesses, and insurers in cases involving automobile and truck accidents, products and premises liability, insurance ...
An analysis of how plaintiffs are increasingly suing brokers and shippers under an agency theory, and tips for protecting against that potential liability.
Trucking companies should preserve a vehicle’s infotainment system data re its operation in critical seconds before collision
The Illinois Department of Insurance cannot adjudicate employment status disputes relating to insurance premium calculations. That is the ruling from the Illinois First District Court of Appeals in a significant decision with ramifications for trucking companies utilizing owner-operator agreements.
The case, CAT Express, Inc. v. Muriel, 2019 IL App (1st) 181851, concerned whether truck drivers retained under an owner-operator agreement are employees or independent contractors for the purpose of workers’ compensation insurance. CAT Express (“CAT”), an Illinois ...
Fresh off major wins in the 2019 session, Missouri tort reform advocates are shifting their focus to a new target: punitive damages. Following a string of large punitive damages awards from St. Louis City courts, legislators in both chambers introduced bills to sharply curb such claims.
Senate Bill 591, introduced by Senator Bill White (R-Joplin), would establish new substantive and procedural restrictions on punitive damages claims. Most critically, the bill would raise the burden of proof on plaintiffs seeking punitive damages awards. Under existing Missouri law, a plaintiff ...