Litigation – Attorney Legal Counsel

ATA’s Spear Attacks Unions, Plaintiffs’ Attorneys, CARB – Fleet Management

attorneylegalcounsel99 — Mon, 16 Oct 2023 22:58:34 +0000

In a fiery speech at the ATA management meeting in Austin, Texas, ATA President and CEO attacked labor unions, plantiffs’ attorneys and the California Air Resource Board.

Photo: Deborah Lockridge

American Trucking Associations President and CEO Chris Spear had sharp criticism for unions, plaintiffs’ attorneys, and the California Air Resources Board in his state of the industry address at ATA’s Management Council and Exhibition in Austin, Texas, Oct. 16.

“We come to Austin to sharpen our ability to navigate the future of trucking,” he said. “Your firsthand experiences help shape our story. This very real, data-based narrative was shared during six Congressional hearings this year, allowing ATA to steer the legislative process toward your tier one priorities.

“This steady cadence of truth and common sense is what you expect of your association. It cuts directly through the rhetoric and emotion peddled by our foes: Trial lawyers chasing jackpot justice, self-promoting union bosses, and delusional environmental extremists. Together, these constitute a clear threat to our industry’s ability to grow and support our nation’s economic security.”

Labor Unions ‘Desperate’

Spear attacked labor unions, especially the International Brotherhood of Teamsters, accusing union bosses of buying access, regulation, and legislation, such as California’s AB5 and the PRO Act.

“Union organizing campaigns claim we’re to blame for putting profits ahead of safety, pay, and benefits,” Spear said. Union leaders, he said, have told him candidly that truck drivers need unions because they can’t speak for themselves.

The nation’s 3.5 million truck drivers, Spear sad, are perfectly capable of speaking for themselves. “They don’t need some showboating union boss to do it for them.”

While union membership has plummeted, he said, the trucking industry has grown, and union bosses are “desperate,” trying to prove their relevance.

When Yellow Freight went under this summer, Spear said, “30,000 Yellow employees lost their jobs — including my niece — because one oof the two parties refused to come to the table.”

ATA stepped in and worked to connect those in need of jobs with ATA members. “What has the Teamsters done to help? Nothing. Just self-promoting tweets and blame.”

Plaintiff’s Bar: ‘Jackpot Justice’

“Our war with the plaintiff’s bar carries on,” said Spear, calling plaintiffs’ lawyers a “syndicate… preying on companies and ruining the lives of employees.”

However, he said, ATA is winning, with major victories in Florida and Iowa.

“Elected officials at all levels of government are listening, many are now acting, thanks to you. That’s leadership. There have now been over a dozen reform bills passed since ATA declared lawsuit abuse a tier one priority in 2019, and there are now a dozen more states lining up to do the same.”

“Industry law firms are paying close attention, and they should be,” Spear said. “Their greed is their downfall and it’s our job to expose it.”

But this battle, he said, is not for the faint hearted.

“They fight dirty. Ask anyone who recently took part in Florida and Iowa. We led with the truth, and common sense prevailed.”

“You want to put trial lawyers on their heels? Speak up. Help make lawsuit abuse a priority in your state capital. Lend your support and testimony. Jackpot justice has no place in our industry and certainly no place in the courtroom.”

California’s Zero Emissions Mandates

“Today we stand alongside the California Trucking Association as they file suit against the California Air Resources Board,” Spear said, calling CARB “an unelected, ill-informed band oof extremists who have no clue the impact their [zero-emission truck] timelines and targets will have on our economy.

“With a dozen more states eager to follow CARB right off the cliff, California is now setting national environmental policy, making the federal EPA irrelevant and obsolete.”

He pointed out that starting Jan. 1, 2024, California’s Advanced Clean Truck rule starts taking effect, requiring truck makers to phase in production and sales of zero-emission equipment.

By 2030, he said, the Advanced Clean Fleets rule will apply to all fleets, requiring them to operate zero emission trucks. ACF starts phasing in next year, as well, with drayage fleet serving California ports unable to register trucks after Jan. 1 to operate in the ports that are not zero emissions.

“If this all goes unchecked, the charging infrastructure required will not be in place,” Spear said. “There won’t be more power flowing through our grid, especially in a state like California where rolling blackouts are already widespread.”

Then there are questions about where supplies of raw materials such as lithium will come from and operational challenges such as charging times and range, he said. “We need operational parity.”

A Better Way to Reduce Emissions

There’s a simpler solution to drive down emissions, Spear said.

“At ATA, we start with yes. If the goal is to reduce emissions, eliminate the century-old federal excise tax, which adds 12.5% to the price of every new tractor purchased today. That’s roughly $25,000 per power unit. Those same new trucks produce 98.55 less emissions than half of all trucks currently operating in California.

“In fact, 53% of trucks operating today in California are equipped with 2010 model engines or older. Replacing them with today’s new equipment would reduce emissions in the state by 83%. We can cut emissions, starting right now.

“This would save lives by putting the safest equipment on our roadways. And it would support jobs… union jobs, which I understand is a major priority to the most “pro-union president in American history.”

“Truth is, there’s something in this for everyone. And most important of all, our solution is achievable — no rainbows, no unicorns needed.”

All this, Spear said, shows why advocacy matters.

“Without a seat at the table, our industry… our way of life… could look entirely different over the next decade. Which is why we must evolve and adapt more quickly than any threat that comes our way.”

Source link

Attorneys and law firms can elevate their online presence with professionally written content from SEO Content Writing Services monthly plan. Our team of experienced writers specializes in crafting blog posts, articles, and written content that accurately reflect the expertise and knowledge of our clients in the legal field. With a keen eye for detail and a thorough understanding of legal terminology, we provide high-quality writing that helps our clients stand out from their competition and engage with their target audience. Trust SEO Content Writing Services for one time article writing or monthly written content to handle all of your written content needs and showcase your law firm's expertise.
If you need written content, blog posts, or articles professionally written for your website, we can help. Go HERE to find out more.
or email us here: myseowritingservices@gmail.com
To find out more about our article writing or blog post services, fill out the form, thank you.

The post ATA’s Spear Attacks Unions, Plaintiffs’ Attorneys, CARB – Fleet Management appeared first on Attorney Legal Counsel.

Los Angeles Court Orders Employer To Pay Whistleblower $2.3 Million In Attorney’s Fees On Top Of $24 Million Judgment – Whistleblowing

attorneylegalcounsel99 — Mon, 30 Jan 2023 06:04:17 +0000

30 January 2023

Proskauer Rose LLP

To print this article, all you need is to be registered or login on Mondaq.com.

A California judge has ordered Farmers Insurance to pay almost
$2.3 million in attorney‘s fees to the lawyers of a successful
whistleblower/former in-house attorney who claimed his role as a
potential witness in a sex bias class action got him fired. The
underlying judgment in favor of the whistleblower was $24.36
million – after the Judge reduced the punitive
damages award by more than $131 million.

The employee’s attorneys had sought $6.7 million in
prevailing-party attorney‘s fees, including a
“multiplier” of 2 times the actual fees incurred. The
employer, on the other hand, recommended an award of approximately
$1 million. On Jan. 20, 2023, Los Angeles Superior Court Judge Ruth
A. Kwan awarded the employee’s lawyers $2,266,704,
“inclusive of a modest multiplier of 1.1.”

Judge Kwan found the employee’s attorneys’ hourly rates
to be excessive. The Judge conducted an analysis of “what
amount of fees would be ‘reasonable’ in light of the
relative extent or degree of the party’s success in obtaining
the results sought.” The lead lawyer for the employee sought
an hourly rate of $1,425, hourly rates of up to $1,100 for other
senior lawyers and up to $850 for associates who had worked on the
case. The Judge reduced these hourly rates across the board in part
because they reflected a mix between current and past rates that
were in place when the case was first filed in August 2016. The
hourly rates for the lead lawyer were reduced to $1,050 and for the
other lawyers who worked on the case to a maximum of $825.

In addition, Judge Kwan made an across-the-board reduction of
10% to the attorney‘s fees due to perceived duplicative
billing. “Excessive billing was evident” from several
attorneys who billed for days at trial without “meaningfully
contributing.” This 10% reduction in fees also covered
challenges regarding “excessive travel time.” Judge Kwan
did note, however, that a 1.1 multiplier was appropriate in this
case in light of the attorneys’ “exceptional skill”
in successfully advocating on behalf of an older white male during
the height of the “Me Too” movement.

We previously reported about this case in December 2021, when a Los Angeles jury
rendered the eye-popping $155.4 million verdict in favor of the
employee, including $150 million in punitive damages. However, in
May 2022, Judge Kwan determined that the punitive damages award was
excessive and significantly reduced it to $18.945 million
(resulting in an approximate 3.5:1 ratio of punitive to
compensatory damages). The plaintiff accepted the reduced award in
lieu of a new trial. However, Farmers Insurance appealed the
reduced verdict.

The appeal is pending in the California Court of Appeal, Second
Appellate District, Rudnicki v. Farmers Ins. Exch., et
al., Docket No. B321691 (Cal. Ct. App. Jun 27, 2022).

(Link to appeal docket: California Courts – Appellate Court Case
Information)

Los Angeles Court Orders Employer To Pay Whistleblower $2.3 Million
In attorney‘s Fees On Top Of $24 Million Judgment

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.

POPULAR ARTICLES ON: Employment and HR from United States

SECURE 2.0 – Changes For Retirement Plans

Mayer Brown

With just days to go before the new year, President Biden signed the Consolidated Appropriations Act, 2023, into law on December 29, 2022, which includes the SECURE 2.0 Act of 2022…

The post Los Angeles Court Orders Employer To Pay Whistleblower $2.3 Million In Attorney’s Fees On Top Of $24 Million Judgment – Whistleblowing appeared first on Attorney Legal Counsel.