Metz July 2012 Trans Lawyer Article On CSA DevelopmentsWalt Metz
Walt Metz article entitled “Recent Developments Show CSA Continues To Be a Work in Progress” as published in the July, 2012 edition of "The Transportation Lawyer", a prestigious quarterly legal journal by the Transportation Lawyers of America.
The document summarizes changes to the Federal Motor Carrier Safety Administration's (FMCSA) hours of service (HOS) regulations for truck drivers. Key changes include:
1) Limiting drivers to one 34-hour restart period per week, and requiring it to include two periods from 1-5 AM.
2) Requiring drivers to take a 30-minute break after 8 hours of driving, effective July 2013.
3) Increasing fines for violations.
The changes are opposed by industry groups and safety advocates, who argue they will reduce productivity and increase costs without improving safety. Both sides have filed lawsuits challenging the rulemaking process.
Tammuz Platform is a web-based collaboration application that aims to create a knowledge base and community while eliminating geographical boundaries and increasing teamwork by allowing members to share ideas from any location. The problems it addresses are different locations, time zones, and a wide range of communication methods between team members. The solution is a web application with integrated facilities accessible from the internet and backed by a server system.
The document is a court case summary regarding a dispute over the deposition of an in-house counsel. It discusses the following key points:
1. The plaintiffs sought to depose the defendant's in-house counsel regarding pre-litigation matters. The magistrate judge allowed this but the defendant objected.
2. The district court found that the magistrate judge erred by not applying the three-part test from Shelton v. Am. Motors Corp for determining if opposing counsel can be deposed. This test should also apply to attempts to depose in-house counsel.
3. While some courts had only applied the Shelton test to depositions of trial counsel, the rationale for the test, such as protecting
Metz July 2012 Trans Lawyer Article On CSA DevelopmentsWalt Metz
Walt Metz article entitled “Recent Developments Show CSA Continues To Be a Work in Progress” as published in the July, 2012 edition of "The Transportation Lawyer", a prestigious quarterly legal journal by the Transportation Lawyers of America.
The document summarizes changes to the Federal Motor Carrier Safety Administration's (FMCSA) hours of service (HOS) regulations for truck drivers. Key changes include:
1) Limiting drivers to one 34-hour restart period per week, and requiring it to include two periods from 1-5 AM.
2) Requiring drivers to take a 30-minute break after 8 hours of driving, effective July 2013.
3) Increasing fines for violations.
The changes are opposed by industry groups and safety advocates, who argue they will reduce productivity and increase costs without improving safety. Both sides have filed lawsuits challenging the rulemaking process.
Tammuz Platform is a web-based collaboration application that aims to create a knowledge base and community while eliminating geographical boundaries and increasing teamwork by allowing members to share ideas from any location. The problems it addresses are different locations, time zones, and a wide range of communication methods between team members. The solution is a web application with integrated facilities accessible from the internet and backed by a server system.
The document is a court case summary regarding a dispute over the deposition of an in-house counsel. It discusses the following key points:
1. The plaintiffs sought to depose the defendant's in-house counsel regarding pre-litigation matters. The magistrate judge allowed this but the defendant objected.
2. The district court found that the magistrate judge erred by not applying the three-part test from Shelton v. Am. Motors Corp for determining if opposing counsel can be deposed. This test should also apply to attempts to depose in-house counsel.
3. While some courts had only applied the Shelton test to depositions of trial counsel, the rationale for the test, such as protecting
The court affirmed the trial court's granting of summary judgment in favor of the defendants. The court found that there was no genuine issue of material fact regarding whether the special employer doctrine applied. Under the special employer doctrine, an employee can be considered simultaneously employed by both their primary employer and any other employer to whom their services were loaned, if three conditions are met: (1) an express or implied contract with the special employer; (2) the work being done is essentially for the special employer; and (3) the special employer has the right to control the work details. The court determined all three conditions were met, making the defendant the plaintiff's special employer and entitling the defendant to workers' compensation immunity.
Guidleines for management of outside litigation counselWalt Metz
This document discusses strategies for efficiently managing litigated claims that have been assigned to outside counsel. It recommends that in-house counsel first set clear goals for litigation, such as limiting costs and achieving early resolution. It then provides tips for managing outside counsel, including carefully selecting a trial-ready attorney, negotiating billing rates, providing detailed instructions, and closely monitoring the case. The document stresses the importance of in-house involvement to control litigation costs and achieve superior results.
Trucking Regulatory and Legislative Developments 2013Walt Metz
The document summarizes recent developments regarding hours of service regulations and the Compliance, Safety, Accountability (CSA) program in the mid-2013 timeframe. Regarding hours of service, the American Trucking Associations lawsuit challenging changes to the rules was largely unsuccessful, though the 30-minute break requirement was overturned for short-haul drivers. The CSA Advisory Subcommittee issued recommendations on how to improve the CSA program, including whether to include non-preventable crashes in scoring and whether to publicly display certain scores. Additionally, a lawsuit was filed challenging FMCSA guidance on the use of CSA data by shippers, brokers, and insurers.
The document provides a mid-year report on significant regulatory, legislative, and litigation developments for the trucking industry in 2013. Key points include:
- The U.S. Court of Appeals upheld the FMCSA's 2011 changes to hours of service regulations, except for exempting short-haul drivers from rest break requirements.
- An advisory committee recommended making some CSA safety score categories private until data issues are resolved, as carriers have challenged the validity and use of CSA data in ongoing litigation to be heard in September.
- The U.S. Supreme Court ruled that portions of the Port of Los Angeles' clean truck program regulating drayage operators violate federal preemption law.
The Supreme Court of Nebraska reversed the decision of the district court in a case challenging the constitutionality of a statute governing the calculation of taxes to fund education for students in non-high school districts. The Supreme Court found that: (1) the district court order finding the statute unconstitutional was a final, appealable order; (2) the case could not proceed as a class action due to conflicts of interest among class members; and (3) the plaintiffs were estopped from challenging the constitutionality of the statute since they utilized the statutory process for appealing the tax levy. The case was remanded to the district court for further proceedings.
Walt Metz is an experienced in-house legal counsel for transportation and supply chain companies. He has held roles as General Counsel and Vice President of Legal for several large companies. His experience includes establishing legal departments, facilitating acquisitions and financings, resolving complex litigation matters, and advising on transactions and regulatory compliance. Currently he works as a private legal consultant to transportation businesses.
Walt Metz is an experienced general counsel, corporate secretary, and business partner with over 25 years of experience advising companies in transportation, logistics, and warehousing industries. He has held in-house counsel roles at several large companies, establishing the first legal department at Americold Realty Trust and facilitating major transactions. Currently working as an independent consultant, Metz is seeking a new career challenge utilizing his skills in litigation management, risk management, M&A, and strategic planning.
Walt Metz is an experienced attorney with over 25 years of experience working in-house as general counsel for transportation and logistics companies. He has received glowing recommendations from over 15 former colleagues who praise his legal expertise, work ethic, problem-solving skills, and ability to understand both business and legal issues. Recommenders held positions such as general counsel, CEO, and partner at major law firms, and they recommend Walt highly for his integrity, diligence, and value as a trusted advisor.
Walt Metz has extensive experience as in-house counsel for transportation and logistics companies. He has successfully led large, complex projects including [1] coordinating the due diligence and acquisition of $190 million in warehouse facilities, [2] coordinating the drafting and implementation of a $1 billion refinancing, and [3] coordinating the internal due diligence process for a stock acquisition. He also has experience with an ATM stock offering. Walt is seeking a new in-house counsel position and his background demonstrates capabilities in corporate law, transactions, litigation and risk management.
Walt Metz Articles, Presentations and DecisionsWalt Metz
The document profiles Walter Metz, an in-house transportation lawyer. It lists his contact information and provides a biography describing his extensive experience working as general counsel for large transportation and logistics companies. The document also lists numerous articles, presentations and published appellate decisions authored by Mr. Metz relating to transportation law topics.
The court affirmed the trial court's granting of summary judgment in favor of the defendants. The court found that there was no genuine issue of material fact regarding whether the special employer doctrine applied. Under the special employer doctrine, an employee can be considered simultaneously employed by both their primary employer and any other employer to whom their services were loaned, if three conditions are met: (1) an express or implied contract with the special employer; (2) the work being done is essentially for the special employer; and (3) the special employer has the right to control the work details. The court determined all three conditions were met, making the defendant the plaintiff's special employer and entitling the defendant to workers' compensation immunity.
Guidleines for management of outside litigation counselWalt Metz
This document discusses strategies for efficiently managing litigated claims that have been assigned to outside counsel. It recommends that in-house counsel first set clear goals for litigation, such as limiting costs and achieving early resolution. It then provides tips for managing outside counsel, including carefully selecting a trial-ready attorney, negotiating billing rates, providing detailed instructions, and closely monitoring the case. The document stresses the importance of in-house involvement to control litigation costs and achieve superior results.
Trucking Regulatory and Legislative Developments 2013Walt Metz
The document summarizes recent developments regarding hours of service regulations and the Compliance, Safety, Accountability (CSA) program in the mid-2013 timeframe. Regarding hours of service, the American Trucking Associations lawsuit challenging changes to the rules was largely unsuccessful, though the 30-minute break requirement was overturned for short-haul drivers. The CSA Advisory Subcommittee issued recommendations on how to improve the CSA program, including whether to include non-preventable crashes in scoring and whether to publicly display certain scores. Additionally, a lawsuit was filed challenging FMCSA guidance on the use of CSA data by shippers, brokers, and insurers.
The document provides a mid-year report on significant regulatory, legislative, and litigation developments for the trucking industry in 2013. Key points include:
- The U.S. Court of Appeals upheld the FMCSA's 2011 changes to hours of service regulations, except for exempting short-haul drivers from rest break requirements.
- An advisory committee recommended making some CSA safety score categories private until data issues are resolved, as carriers have challenged the validity and use of CSA data in ongoing litigation to be heard in September.
- The U.S. Supreme Court ruled that portions of the Port of Los Angeles' clean truck program regulating drayage operators violate federal preemption law.
The Supreme Court of Nebraska reversed the decision of the district court in a case challenging the constitutionality of a statute governing the calculation of taxes to fund education for students in non-high school districts. The Supreme Court found that: (1) the district court order finding the statute unconstitutional was a final, appealable order; (2) the case could not proceed as a class action due to conflicts of interest among class members; and (3) the plaintiffs were estopped from challenging the constitutionality of the statute since they utilized the statutory process for appealing the tax levy. The case was remanded to the district court for further proceedings.
Walt Metz is an experienced in-house legal counsel for transportation and supply chain companies. He has held roles as General Counsel and Vice President of Legal for several large companies. His experience includes establishing legal departments, facilitating acquisitions and financings, resolving complex litigation matters, and advising on transactions and regulatory compliance. Currently he works as a private legal consultant to transportation businesses.
Walt Metz is an experienced general counsel, corporate secretary, and business partner with over 25 years of experience advising companies in transportation, logistics, and warehousing industries. He has held in-house counsel roles at several large companies, establishing the first legal department at Americold Realty Trust and facilitating major transactions. Currently working as an independent consultant, Metz is seeking a new career challenge utilizing his skills in litigation management, risk management, M&A, and strategic planning.
Walt Metz is an experienced attorney with over 25 years of experience working in-house as general counsel for transportation and logistics companies. He has received glowing recommendations from over 15 former colleagues who praise his legal expertise, work ethic, problem-solving skills, and ability to understand both business and legal issues. Recommenders held positions such as general counsel, CEO, and partner at major law firms, and they recommend Walt highly for his integrity, diligence, and value as a trusted advisor.
Walt Metz has extensive experience as in-house counsel for transportation and logistics companies. He has successfully led large, complex projects including [1] coordinating the due diligence and acquisition of $190 million in warehouse facilities, [2] coordinating the drafting and implementation of a $1 billion refinancing, and [3] coordinating the internal due diligence process for a stock acquisition. He also has experience with an ATM stock offering. Walt is seeking a new in-house counsel position and his background demonstrates capabilities in corporate law, transactions, litigation and risk management.
Walt Metz Articles, Presentations and DecisionsWalt Metz
The document profiles Walter Metz, an in-house transportation lawyer. It lists his contact information and provides a biography describing his extensive experience working as general counsel for large transportation and logistics companies. The document also lists numerous articles, presentations and published appellate decisions authored by Mr. Metz relating to transportation law topics.
Walt metz case -ewing v. board of equalizationWalt Metz
The document discusses the benefits of exercise for mental health. Regular physical activity can help reduce anxiety and depression and improve mood and cognitive functioning. Exercise causes chemical changes in the brain that may help boost feelings of calmness, happiness and focus.
The document summarizes an upcoming Counsel to Counsel Forum on aligning litigation strategy, budget, and support. The forum will take place on May 13, 2010 in Miami, FL and discuss topics such as cost-efficient approaches to working with outside counsel, dealing with discovery issues, and using case assessments. Co-chairs Walt Metz and Suzie Brown Vazquez will lead discussions on creating metrics to measure litigation and handling complex cases. The event is free for corporate counsel but space is limited.
1) The FMCSA's CSA program aims to improve motor carrier safety monitoring and ratings. It began as a pilot in 2008 and will complete implementation in 2012 with new rules determining safety ratings based solely on carriers' own safety data.
2) Currently, CSA uses SMS methodology to monitor carriers and identify those needing intervention. It compares carriers' inspection data across seven BASICs categories. This data and percentile rankings are public but crash and cargo data are not.
3) Upcoming rules will base safety ratings (Fit/Unfit designations) solely on carriers' individual SMS data, eliminating the need for on-site reviews. This will make ratings more current and responsive to carriers' true safety
Legal/Regulatory Developments Are Changing the Economic Landscape of TruckingWalt Metz
Changes to U.S. laws, primarily changes to FMCSA, EPA and NHTSA regulations, are “driving” up the cost of conducting the business of trucking and forever changing the economic landscape of trucking. The regulatory changes seem to be tipping the scales to the advantage of larger carriers, which may lead to substantial further consolidation of the industry. This article summarizes the regulatory changes and other factors making having this impact.
NEW LAWSUITS AND INTEREST GROUP CONCERNS KEEP CSA CONTROVERSIES BREWINGWalt Metz
Back in February I wrote a comprehensive review of Compliance, Safety, Accountability (“CSA”), the safety compliance monitoring program administered by the Federal Motor Carrier Safety Administration (“FMCSA”). Since then I have written three articles updating the constantly changing CSA landscape. My most recent CSA update was published in the July, 2012 edition of The Transportation Lawyer, a quarterly legal journal by the Transportation Lawyers of America, entitled “Recent Developments Show CSA Continues to be a Work in Progress”. At the conclusion of that latest article I said, that “[t]he implementation of CSA will be ongoing for the near future … The process has already been much slower than many would like, has not been without controversy and will likely generate new controversy. Stay tuned!” It did not take long before the filing of two major lawsuits and other developments called for yet another update article, this article entitled: “New Lawsuits and Interest Group Concerns Keep CSA Controversies Brewing”. CSA continues to be a controversial work in progress and this article summarizes the two new lawsuits and the other controversies that have recently arisen over CSA and the related Pre-Employment Screening Program (PSP).