Kent Bevan published a story in USLAW Magazine entitled, “When the Driver is a Computer: Addressing Auto Insurance Issues Surrounding Autonomous Vehicles.”
“Driverless cars and autonomous vehicles are a common sight in futuristic science fiction movies, but now they’re becoming a part of present-day reality. In fact, the physical act of driving a car may soon become a thing of the past.”
Click here to read the whole article.
Contact Kent Bevan at kbevan@dysarttaylor.com or 816-931-2700.
Lee Brumitt delivers a presentation to the American Society of Professional Estimators, “Dealing with Change and Delay on Construction Projects.”
Lee Brumitt presented to the Kansas City Chapter of the National Association for Women in Construction on January 14. The presentation entitled “Preserving and Advancing Contractors’ Payment Rights” focused on federal, Missouri, and Kansas law and discussed tools and best practices to increase the likelihood of general and subcontractors receiving full payment on construction projects.
Mr. Brumitt also recently presented a workshop to the Kansas City American Subcontractors Association on “Killer Contracts: Red Flags and Revisions.” Mr. Brumitt is presenting a workshop program to the same group covering “Misclassification of Employees as Independent Contractors” on February 7. Lastly, Mr. Brumitt will be giving a presentation to the ABC/ASPE Kansas City Construction Estimating Academy entitled “Dealing with Change and Delay on Construction Projects” on February 8.
Contact Lee Brumitt at lbrumitt@dysarttaylor.com or 816-931-2700.
By: Anne E. Baggott and
Benjamin J. Stringer
The U.S. Supreme Court recently decided a case with important implications for the transportation industry, New Prime, Inc. v. Oliveira. Under federal law, transportation companies can no longer compel its workers engaged in interstate commerce to arbitrate disputes. However, state laws may still permit arbitration of employment disputes.
Employers in numerous industries have sought to limit employees’ ability to file class or collective action in courts by requiring employees to waive the right to join class or collective actions and require individual arbitration of employment claims. Oliveira, a tractor-trailer driver for New Prime engaged as an independent contractor, sued the company in a proposed class action for improper wage payment based on misclassification of his status. New Prime sought to enforce its arbitration agreement with Oliveira, which Oliveira opposed. The lower courts sided with Oliveira, as did the Supreme Court. The Court held the arbitration agreement not enforceable because of an exemption for “contracts of employment” for interstate transportation workers in Section 1 of the Federal Arbitration Agreement (FAA).
The Court first held that courts, not arbitrators, determine whether Section 1 of the FAA applies to an agreement with a transportation worker. It further held the plain meaning of “employment,” as stated in the “contracts of employment” when the FAA was enacted in 1925, encompassed independent contractors today. Accordingly, the Supreme Court has loosened the restrictions the FAA placed on transportation workers pursuing employment lawsuits — most notably, worker misclassification claims — against companies engaged in interstate commerce. For our transportation clients, this narrow ruling impacts the reliance on federal precedent favoring arbitration to deflect such disputes.
State laws may still permit arbitration of employment disputes between transportation companies and its employees and contractors. Contact Dysart Taylor today to discuss how this ruling may affect your business.
Contact Anne Baggott at abaggott@dysarttaylor.com or 816-931-2700.
Contact Ben Stringer at bstringer@dysarttaylor.com or 816-931-2700.
Amanda Pennington Ketchum and Leslie A. Boe received special recognitions in this year’s edition of Super Lawyers:
Dysart Taylor is pleased to announce that Carol Smith has been elected as a shareholder/director of the firm. “We’re excited to include Carol in our leadership group,” said Dysart Taylor Managing Director Amanda Pennington Ketchum. “Her unique experience and expertise will provide valuable insight for our decision-making processes.” Dysart Taylor is a growing and forward-thinking firm with attorneys practicing in more than a dozen areas of law.
Carol represents clients in litigation matters, primarily involving surety, fidelity and construction claims. She is active in the ABA, Tort Trial and Insurance Practice, Fidelity and Surety Law Committee and has edited and contributed to several of the committee’s publications. She was also recently named to the Board of Directors of the Surety Claims Institute.
Contact Carol Smith at csmith@dysarttaylor.com or 816-931-2700.
Joe Price was inducted into the Hall of Fame of the Estate Planning Society of Kansas City (EPS) on Dec. 12, 2018.
He is only the 9th attorney, and the youngest, to ever be inducted into the Hall of Fame. The others were Peter Brown, Don Chisholm (posthumously), Roger Hurwitz, Elvin Knight, Maurice O’Sullivan, Ed Setzler, Myron Sildon and Bill Waugh.
The EPS was established in 1965 and is the principal estate planning organization in the region. Its mission is, “Helping our members best serve their clients by providing them challenging and timely educational programs and by hosting networking functions that provide an opportunity to collaborate with other high quality professionals to encourage a multi-disciplined approach to estate planning services and to promote long-term, ongoing relationships with local estate planning professionals.”
For more information about the EPS, visit kceps.org.
Contact Joe Price at jprice@dysarttaylor.com or 816-931-2700.
Several Dysart Taylor attorneys were named in the 2018 list of Missouri & Kansas Super Lawyers. Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. This selection process includes independent research, peer nominations and peer evaluations.
Lee Brumitt is presenting a series of four legal workshops to members and friends of the Kansas City American Subcontractors Association addressing topics of interest to contractors. The first workshop entitled “Retainage: Don’t Just Kiss It Off” focused on federal, Missouri, and Kansas law regarding retainage, the percentage rates that can be legally withheld, advantages under the federal and state law afforded early-completing contractors, impact of prompt payment laws, and alternative security that can be posted to gain a release of retainage. The next workshop, “Killer Contracts: Red Flags and Revisions,” takes place December 13.Contact Lee Brumitt at lbrumitt@dysarttaylor.com or 816-931-2700.
Dysart Taylor Cotter McMonigle & Montemore, P.C., is pleased to announce that Anne Lindner Saghir joined our firm in October 2018.
Anne’s practice focuses on a variety of civil litigation and personal injury matters, including defending trucking companies, retailers, and other businesses. She is an experienced litigator and has first-chaired three jury trials and has argued and briefed appeals. Anne also has experience defending insurance companies in coverage claims.
Anne is admitted to practice in Missouri, Illinois, Florida, and Wisconsin, the U.S. District Court of Appeals for the Eighth Circuit, U.S. District Courts for the Eastern and Western Districts of Missouri, and the U.S. District Court for the Southern District of Illinois.
Anne is a member of the Missouri Bar Association, the Illinois Bar Association, the Florida Bar Association, and the Wisconsin Bar Association. She has served as a product recovery volunteer for the Second Harvest Food Bank of Southern Wisconsin, as a board member of the Friends Committee of Voices for Children, and as a volunteer judge for high school moot court and mock trial events. She was named a Missouri & Kansas SuperLawyers Rising Star in 2011 and a St. Louis SuperLawyers Rising Star in 2012.
Anne holds a B.S. in political science and journalism from Northwestern University where she was a contributing writer for the Daily Northwestern. She holds a J.D. from the St. Louis University School of Law where she received an 1843 Scholarship for full tuition. There, she wrote for the Saint Louis University Law Journal and served as managing editor of its Childress Lecture edition. She also served as the organizer of the Childress Lecture and related events at the law school. She was also a member of Alpha Sigma Nu, a Jesuit honor society.
Dysart Taylor Cotter McMonigle & Montemore, P.C. is a full-service law firm founded in 1934 and based in Kansas City, Missouri. It provides its clients with “Commitment, Stability and Value.” For more information, visit www.dysarttaylor.com.
To contact Anne, email asaghir@dysarttaylor.com or call (816) 931-2700.
Dysart Taylor Legal News and Law Blog 