Levinson Gives Lecture at ATLA Deposition Clinic

February 22, 2021 by Levinson and Stefani Leave a Comment

In recent firm news, Ken Levinson gave a lecture at the Arkansas Trial Lawyers Association‘s Next Level Deposition Clinic, a virtual panel event held on February 19th.

“The goal of the event is to make sure trial lawyers obtain all the necessary information during the discovery process to either get the best possible settlement for their clients or succeed at trial,” Levinson said. “A missed question or issue during sworn testimony can be harmful for our clients.”

Levinson’s lecture was titled, “Using Focus Groups to Develop a Discovery Plan,” and discussed the importance and benefits of using focus groups ahead of trial.

“Focus groups are oftentimes only considered if the case isn’t settled on the eve of a jury trial,” Levinson explained. “I’m hoping trial attorneys will consider employing focus groups far earlier in their case preparation. These early focus groups can help tailor your discovery plan to what a jury would like to hear or learn. A focus group after depositions are completed can reveal that you didn’t obtain all the necessary information a jury needs to decide key issues in the case.”

Other lectures included “Deposition Preparation Strategy: Finishing your Case in One Deposition,” given by Mark Kosieradzki of Kosieradzki Smith, “Mastering Zoom Depositions” by Zoe Litlepage of Littlepage Booth Leckman, and “Depositions: Getting Everything the Witness Has to Offer” by Chris O’Brien of O’Brien and Ford. Heidi DiLorenzo of Alexander Shunnarah and Sach Oliver of Bailey and Oliver also gave lectures regarding their deposition process specialties.

“In all honesty, I was excited to learn from all the speakers,” Levinson said. “They are truly top notch and each of their topics will be extraordinarily helpful for my cases and to best help my clients.”

Levinson also knew he would have a variety of takeaways from the virtual event, and believes everyone who tuned in must have had a similar experience.

“After attending the program, all the trial attorneys will be able to better prepare their clients’ cases,” he explained. “Obtaining vital information at depositions, often from reluctant witnesses, means the difference between winning and losing.”

Trucking Companies Get to Work to Ensure Speedy Transport of First Vaccine Deliveries

February 18, 2021 by Levinson and Stefani Leave a Comment

“We have dedicated and hardworking people around the world who have been trained to store, handle, transport, and deliver vaccines,” said Carol Tomé, CEO of UPS Inc. “We’re pleased to support our health care partners with smart, efficient logistics for those vaccines that will protect communities and save lives.”

Trucking industry professionals working within COVID-19 vaccination distribution are ensuring that the primary vaccine doses are ready to ship, as rollout plans are secured and prepared for at least 50 million doses. These vaccines are set for timely and efficient delivery though the end of January 2021.

Operation Warp Speed, the initial vaccine distribution plan beginning in a Pfizer plant in Kalamazoo, Michigan, is the collaboration between the federal government and private industry groups to develop and distribute a safe and effective coronavirus vaccine as soon as possible. The vaccine was co-developed by both Pfizer and BioNTech SE and has already been transported to 636 locations throughout the United States by air and ground travel through distribution hubs at UPS and FedEx.

UPS in particular has initiated a 24/7 command center in Louisville, Kentucky within its Worldport aviation hub.

“Vaccine distribution is a key part of moving our world forward by delivering what matters,” explained Tomé.

Also taking part in key distribution efforts is Boyle Transportation out of Massachusetts, who sent trucks to Pfizer’s facility location at the start of COVID-19 vaccine distribution efforts taking place in mid-December. Boyle, as a company, focuses specifically on medical supply and equipment transportation, and is working with UPS in vaccine transportation as a subcontractor.

Boyle is especially happy to be playing a role in these efforts within Operation Warp Speed, according to the company’s co-president, Andrew Boyle.

“There have been heroic efforts by the drug developers, the clinical trial participants, and the regulators to get this far, but the execution will rely in large part on blue-collar transportation and logistics professionals,” Boyle said. “These are people at the loading docks, the professional truck drivers, the air freight handlers, the package sorters, the delivery drivers.”

Most importantly, Boyle explained, is that these distribution efforts, even within a sole company, are a team effort.

“All the people we work with and represent will play a vital role, and they’re patriots, and they’re proud to help,” he said, also noting that his company will continue working alongside many other manufacturers.

FedEx Corp. agreed, saying these efforts are some of the most impactful its employees have ever seen. FedEx’s distribution within the initial Warp Speed phase takes place among Western states, and that of UPS is within states on the east side of the country.

“This is among the most important work in the history of our company, and we’re honored to be a part of the effort to help end this pandemic,” said Raj Subramaniam, CEO of FedEx Corp. “I am immensely proud of our dedicated team members who continue to go above and beyond to help ensure the safe movement of these critical COVID-19 vaccines. This is who we are and what we do at FedEx.”

Following the approval of Pfizer and BioNTech SE’s vaccines, which were authorized by the Food and Drug Administration on December 11th, Moderna’s vaccine is next to join the ranks, and has been deemed 94% effective by the FDA.

“The next step is the Moderna vaccine, and we know we will ship just a little bit short of 6 million doses to the American people,” said Operation Warp Speed’s chief operations officer, Gen. Gustave Perna. “We’re shipping it to 3,285 locations across the country. It will be a very similar cadence to what we executed this week with Pfizer.”

Experts are staying generally optimistic in regards to the success of these distribution efforts overall.

“I expect that this rollout will work reasonably well,” said Stephen Burks, trucking expert and University of Minnesota-Morris economist. “I absolutely believe there will be glitches, but it’s looking pretty promising. This has been in the planning stages for a long time, and the distribution strategy is sensible.”

GM Adds More Driverless and Hands-Free Vehicle Options to Country’s Growing List

February 17, 2021 by Levinson and Stefani Leave a Comment

Driverless cars and hands-free driving technology are coming to the forefront of the transportation industry, and one major manufacturer is now at play.

In San Francisco, driverless cars are being deployed by General Motors’ self-driving car company, which is working toward creating an automated, robotic ride-hailing service–one that would compete with the likes of Uber and Lyft.

Announced December 9th, Cruise will be deploying self-driving cars without the safety of any human behind the wheel. The vehicles will still be closely monitored, however, by employees at remote locations.

This announcement comes two months after GM’s beginning to operate driverless cars–with a person behind the wheel in case of emergency–on California public streets, a state in which many other technology companies have been testing their AV capabilities.

“We believe self-driving has the potential to upend transportation,” said Dan Ammann, CEO of Cruise.

Still, Cruise has yet to deploy ride-hailing service vehicles to pick up passengers on their own, although California regulators have already approved rules to do so.

However, Cruise will be dispatching up to five driverless cars throughout San Francisco, with passengers consisting solely of Cruise employees, initially. When the vehicles were being tested with someone behind the wheel, the only passengers at that time were other employees, as well.

Although there is no clear launch date for Cruise’s driverless ride-hailing service, Ammann assures that Cruise is progressing toward “a commercial product that everyone can use.”

Although Cruise has been working on this driverless technology throughout the last decade, Waymo, of Google, has yet to announce when it would deploy any driverless cars, although it has a permit to do so and has been progressing steadily. Waymo launched its service initially in the Phoenix area in 2018.

Cruise has tested its technology throughout over 2 million miles of self-driving over the last five years to get to where it is today.

Also on the list of recent tech innovations is the GMC Sierra’s hands-free driver assistance feature, Super Cruise. The Sierra pickup is now the highest-volume GM product to be equipped with the award-winning technology, and is now one of many semi-autonomous trucks hitting the market soon, joining the ranks of the Tesla Cybertruck, Ford F-150, and Rivian R1T.

“We’re putting Super Cruise on a Sierra. [It’s] the world’s first true, hands-free, driver-assistance tech available pretty much across the United States,” said Phil Brook, marketing executive for GMC. It won’t “just be in the big cities, [but] in every state because…it’s such a popular vehicle.”

Similar to Super Cruise is Ford’s Active Drive Assist, a hands-free option made available for GMorder on the 2021 Ford F-150, which is scheduled to enter dealer lots in 2021’s third quarter. Super Cruise will be released first on Sierra’s premium Denali trim and can function while towing.

Right now, the market’s leading semi-autonomous systems are those of both Super Cruise and the hands-free Autopilot of Tesla. Super Cruise can only function on divided highways because GM deems that the safest way to utilize it properly.

Super Cruise and Ford’s Active Drive Assist both use infrared lights along with a camera system to make sure a driver is paying adequate attention to the road, and can allow a vehicle to be operated hands-free on divided highways, thanks to its radar sensors and GPS mapping capabilities.

Super Cruise will only intervene and offer consistent alerts if it finds a driver’s eyes are not paying attention to the road ahead.

The Super Cruise option will be also available on higher-trim Cadillac models in 2021, costing around $2,500 on the Cadillac but less on the Sierra. Ford’s system will cost around $1,600 on the F-150 and Mach E. All brands typically charge monthly subscription rates in addition to initial costs.

According to industry analysts, the take-rate of Super Cruise on the Cadillac CT6 was around 30%, and if that number remains consistent with the technology on the Sierra, nearly 70,000 vehicles with hands-free Super Cruise should be present on the road by 2022.

As Driver Shortage Continues, Experts Focus on Trucker Financial Security

February 17, 2021 by Levinson and Stefani Leave a Comment

“The challenges presented in 2020 have left carriers questioning what truck drivers want and examining whether their offerings fit the bill,” said Conversion Interactive Agency recently in a tweet. As the trucking industry continues to experience the ongoing driver shortage, studies are showing that financial security is a top factor in trucker recruitment and retention.

“There’s been a lot of carriers that have looked at different pay models, bonus models, and incentive pay, so we were really interested in seeing what the drivers thought,” said Professional Driver Agency operations director, Scott Dismuke. “What we hear from drivers on a daily basis is really about predictability, and the predictability of pay for their own security and for that of their families.”

In a recent survey conducted by Professional Driver Agency and Conversion Interactive Agency based on responses from 1,197 participants, a majority–81.1%–of drivers prefer a guaranteed pay model, with fewer respondents preferring a pay-per-mile model and even fewer preferring incentive-based pay.

“Whether they use a pay-per-mile model or guaranteed pay model or if they incorporate sign-on bonuses, I think that the key is they have to deliver on the expectations that the driver has,” said Conversion Interactive Agency vice prescient of marketing, Priscilla Peters. “So, they have to deliver on what they’re selling.”

Drivers overwhelmingly preferring guaranteed pay isn’t a surprise, Dismuke said. Truckers typically want a sense of pay security, a desire which has only grown stronger with the unprecedented challenges of the COVID-19 pandemic.

“I know a lot of carriers are having trouble finding drivers right now,” said Dismuke. “Schools are shutting down for the most part, and you don’t have a lot of new drivers entering the market. So keeping drivers you have right now, in particular, has become super important.”

Also important for truckers in regards to industry incentives–adequate time at home (50.8% of truckers think equipment problems hurt their work-life balance), and sign-on bonuses, which 42% said would be a great perk in the on-boarding process.

“From a recruiting standpoint, increased competition and drivers choosing opportunities with better home time [are current challenges],” said U.S. Xpress vice president of driver recruiting, Jacob Kramer. “Retention-wise, carriers across the board are increasing pay, so we’re seeing more drivers jump to a higher rate. The industry-wide driver shortage has exacerbated both challenges.”

Now, with a smaller-than-usual number of new drivers, and with training programs closing or social distancing, the applicant pool is limited and demand is higher than ever.

“I would contend that earlier on in the year, what we saw was unease,” said Schneider senior vice president and general manager of van truckload and dedicated, John Bozec. “Then, as the year unfolded, we started seeing things like driver schools close permanently or on a temporary basis.”

Schneider is currently working to deploy new technology to make sure fleets have high-quality equipment to make a trucker’s job easier and make retention more likely.

“All of that combined together is designed to retain our existing drivers,” said Bozec of the strategy. “Pay always matters. Pay matters to us. It matters for really everyone. But it has to be everything. To attract new drivers, we have to continue to tell the story of why this is a great industry.”

Equipment issues can also lead to a trucker having less time at home or having to log fewer miles, which could decrease retention rates as well, according to Dismuke.

“It’s so important from a retention standpoint to know the drivers that are having issues so you can go in and address those,” he said. “Because, if you don’t, they’re going to be gone.”

U.S. Xpress’ Kramer, though, explained that his company may have found the golden ticket to recruiting–using innovative technology to connect more easily with drivers and to create more strategic recruitment methods.

“Even during this challenging time, we’re surpassing our recruiting goals week-over-week compared to 2019,” he said. “We’re doing that through improved technology and innovative media strategies, including artificial intelligence, to recruit new drivers. Our approach is to meet drivers where they are.”

Transportation Secretary Looks to Industry Partnerships For Progress Throughout 2021

February 16, 2021 by Levinson and Stefani Leave a Comment

Stakeholders are to thank for helping regulators to continue progressing the trucking industry, said Transportation Secretary Elaine Chao. The industry as a whole has been leaning on innovative automated technology as a look ahead to the future of trucking, but the unprecedented challenges brought about by the coronavirus pandemic have made those forward-thinking mindsets tricky to keep steady.

During her time as Transportation Secretary, Chao said that the partnerships and collaborations she has been able to create and maintain have made her the most proud during her three years in the position.

These partnerships with the agency include those with technology experts, shipping groups, and state and local government officials who have all had their own guidance and knowledge to offer.

“We understand that they know what they’re doing and their government is not this all-knowing command and control entity,” said Chao, noting that making plans for COVID-19 vaccine transportation has been a huge collaborative effort between the agency and shipping groups, airline companies, and other government agencies.

“We want to be a problem-solver,” she stated.

Chao considers one of these problem-solving efforts to be that of the revised hours-of-service regulations, which were announced by Chao and former Federal Motor Carrier Safety Administration acting Administrator Jim Mullen in May.

The revision came after the FMCSA reviewed around 8,000 public comments and made a decision to grant truckers more flexibility in regards to their on-duty driving time restrictions, sleeper berth and rest-time requirements, and adverse driving condition rules.

FMCSA also announced that it would extend hours-of-service regulation flexibility for truckers working to haul necessary supplies and goods to hospitals, stores, and individuals during the pandemic, as well as those transporting COVID-19 vaccines.

“We believe that the operators of commercial vehicles know the conditions under which they work, and that they know best what are common sense solutions,” explained Chao. “The federal government’s not in the cabin, on the roads. The truck drivers are. They know how difficult their job is. We know how difficult their jobs can be.”

Looking forward, automated vehicle technology is believed to bring major change and innovation to the trucking industry. Chao explained that the Department of Transportation needs to work on both innovative transportation systems and on boosting overall road safety and security.

DOT launched the Automated Vehicle Transparency and Engagement for Safe Testing Initiative–AV TEST–in June, in an effort to boost public knowledge in regards to upcoming automated vehicle tech.

AV TEST, according to Chao, will help increase transparency about the technology for those currently concerned and hesitant about it. She hopes it will work to both ease fears regarding new technology and soothe worries that AV may cost people their jobs.

“I also say to the innovators that they need to share their enthusiasm with the rest of the country, because there are people who are hesitant, anxious, [and] afraid of this new technology,” she said. “Consumer acceptance will be the constraint to growth.”

Chao is also working to help rural communities, with an allocation of federal resources divided evenly between rural and urban areas through specific grant programs. DOT has given around $300 billion in funding since January 2017, with $43.3 billion of that coming through 7,933 discretionary grants.

Rural area investments are vital, Chao explained, as rural Americans suffer disproportionately high road accident and death rates. More than 36,000 rural bridges are in poor condition, and 90% of load-posted bridges are located in rural regions, making detours in these areas especially difficult for trucks.

“I come from rural America, and I know that rural America does not want a handout,” said Chao. “They just want equity in the distribution of federal resources. It’s an issue of equity, as well as safety.”

DOT released an online tool in July for those interested in the Rural Opportunities to Use Transportation for Economic Success program, which is meant to bring equal opportunity to those interested in grant programs. The tool makes applicant requirements clear and organizes programs by project and applicant eligibility.

Diabetes Issues Must Finally Be Taken More Seriously by Truck Drivers

February 15, 2021 by Levinson and Stefani Leave a Comment

Experts are saying diabetes is affecting a quickly-growing number of American truck drivers who are either ignoring common signs of the disease or have no idea that they even have Type 2 diabetes–the most common form.

Diabetes impacts the body’s ability to respond to or produce insulin, which allows for abnormal carbohydrate metabolism and higher-than-usual levels of glucose in the blood. Typically, a diabetic can test this impact by pricking a finger and using a test strip and glucose monitor.

Still, many truckers who have been diagnosed with the disease fail to eat correctly, exercise, or watch their weight adequately, experts say.

“Early on, you’ll feel fine, until one day, boom–your body is going to crash,” explained TrueLifeCare senior vice president, Kay Pfeiffer. TrueLifeCare specifically helps employers and their workers handle diabetes and its effects.

“Medications are a temporary solution,” Pfeiffer continued. “[If] diabetes [is] not managed, sooner or later, something is going to happen.”

One of the potential side effects of untreated diabetes? Blindness.

“If blood sugar is too high for too long, you run the risk of having damage to the eyes, the kidneys, and the heart,” said medical doctor and truck driver health expert, Natalie Hartenbaum. “Those that can’t control their blood sugar will generally end up on insulin.”

When a truck driver is healthy and passes his or her medical exam given by a Federal Motor Carrier Safety Administration examiner, he or she will be granted a two-year medical card. If a driver has a diagnosis like diabetes, that driver will receive a certification of one year or less.

According to chiropractor David Thorpe, who trains FMCSA-certified medical examiners, around 43% of truckers currently possess a medical card for one year or less.

“It’s a stressful job, a lot of time away from home, poor eating habits…drivers are notoriously overweight, and in poor health in general,” said Thorpe in regards to diabetes’ prominence among truck drivers. “Plus, [truckers are] an aging population.”

Still, there is not currently any cure for Type 2 diabetes, so the disease must be managed by one’s dedication to eating and exercising healthily.

“You have to get in front of diabetes,” Pfeiffer said. “You have to have the will to manage diabetes.”

Truckers can often handle their diabetes without drugs, but they’ll commonly utilize some kind of oral medication.

“Oftentimes [oral medications] work very well, other times they don’t,” said Thorpe. Even with drugs, Type 2 diabetes needs to be monitored closely.

“Really, we don’t know that much about Type 2 diabetes,” said Pfieffer.

Those with Type 1 diabetes must rely on insulin to stay healthy and risks can be fatal if insulin isn’t taken regularly.

According to a 2014 survey by FMCSA, long-haul drivers self-reported higher diabetes rates than national averages. These drivers showed that 14.1% of them were diabetics, as opposed to the 7 to 10% of the U.S. population with the disease. TrueLifeCare estimates that 25% of truckers over the age of 54 have diabetes.

Additionally, obesity rates are more than doubled when compared to national averages, with 69% of long-haul drivers being obese and 17% being morbidly obese, and the national numbers being 31% for obesity and 7% for morbid obesity.

“It’s almost an epidemic,” said retired medical doctor Larry Wolfe, who was a Vanderbilt University Diabetes Center staff doctor for a decade. “Truck drivers tend to be obese, don’t exercise, they eat wrong–so their diabetes is a real problem to manage, even under the best of circumstances. The major fear always was that they would experience hypoglycemia and lose consciousness while they are driving.”

Type 2 diabetes symptoms can include blurry vision, shaky hands, profuse sweating, irritability, and a lack of coordination. Ignoring these signs can lead to foot or leg ulcers that could end up causing the limb to need an amputation.

Virginia Tech Transportation Institute’s Center for Truck and Bus Safety initiated a “Commercial Driver Safety Risk Factors” study this June and used data collected from more than 21,000 truck drivers. Although the study found that diabetic truckers who are being treated are not at any larger risk of accidents, those drivers are 38% more likely to have a moving violation when compared to drivers who do not have diabetes.

“Diabetes goes along with the epidemic of obesity,” said Wolfe. “And unfortunately, we won’t be able to get a good handle on the treatment of Type 2 diabetes until we get a handle on how to treat obesity. That’s the real problem–that we don’t know how to get people to lose weight. If we could, there would be a whole lot less Type 2 diabetes.”

To better regulate and combat obesity and diabetes, experts say that FMCSA must not rely so heavily on a trucker’s physician and examiners to make sure said trucker is taking the necessary insulin or medication. Currently, there is an overall lack of federal guidance in this area.

“FMCSA doesn’t monitor medical conditions,” said Hartenbaum. “They don’t monitor sleep apnea, they don’t monitor blood pressure, they don’t monitor heart disease. They have medical standards and medical guidelines. But it’s up to the medical examiner to evaluate whether the individual is at risk of sudden or gradual incapacitation due to a medical condition, and whether a study is needed to evaluate that.”