Articles & Publications

Resnick & Louis, P.C. – Attorneys at Law

Resnick & Louis, P.C. was founded in 2012 by Mitchell J. Resnick and Lena M. Louis, both of whom are highly respected attorneys in the legal and business communities, with over 40 years of collective experience. Together they have developed a team of diverse and experienced attorneys who are licensed to represent clients in various jurisdictions.

Browse articles and publications that are written by and featuring the attorneys of Resnick & Louis.

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Electronic Logging Devices (ELD)– The deadline is coming…

Trucking Company Mandate as of December 18th, 2017 Drivers who are now required to use paper logs – records of duty status (RODS) -because they operate commercial motor vehicles in interstate commerce motor vehicles weighing more than 10,000 pounds, or who carry haz-mat—need to use Electronic Logging Devices (ELD) in their vehicles, unless they meet one of the exemptions. This applies to commercial motor vehicles (CMVs) as defined by Part 49 CFR 390.5 of the Federal Motor Carrier Safety Regulations and drivers who are subject to the requirements of Part 49 CFR 395. Drivers who are exempt from using ELDs include: 1) drivers who operate within the 100-air-mile exemption; 2) non-CDL drivers operating within 150 air miles of their home base; 3) drivers in driveaway operations; 4) drivers operating vehicles with engines manufactured before the year 2000; and 5) drivers who use paper logs for not more than 8 days in a 30-day period The Case of ELD v. ABORD Soon to be a major motion picture coming to a theatre near you, we can expect to see litigation over just what is an ELD. An ELD is essentially the same as an ABORD, but to qualify as an ELD, the device must meet the minimum technical standards, be certified as well as registered with the FMCSA. The ELD must be synchronized with the ECM so that vehicle operations can be recorded, such as drive time and the ELD must put out standardized data for the benefit of enforcement officers. Manual overrides are allowed for special circumstances. The Enforcement Cases… The ELD Rule was adopted to increase the use of AOBRDs to promote safety and reduce the paperwork burden for motor carriers and drivers as well as transportation law enforcement officers. As with every lock, where there’s a pick waiting […]


Resnick & Louis Welcomes Partner to Miami FL Office

Our new Partner in the Miami Florida office, James A. Cueva attended and graduated from high school in Miami, Florida. After high school, Mr. Cueva attended the University of Florida where he earned a Bachelor of Arts in Political Science with minor degrees in Criminal Justice and Latin American Studies. In 2003, Mr. Cueva earned his juris doctor cum laude from the University of Miami where he was a James Weldon Johnson fellow. While attending the University of Miami, Mr. Cueva received the CALI book award in Environmental Law and Dean’s Certificates of Achievement in Environmental Law and in a Seminar on Races, Ethnicities, and the Law. Mr. Cueva served as a law clerk in the Florida office of Mintzer Sarowitz Zeris Ledva & Meyers during his second summer and third year of law school. After graduating from law school, Mr. Cueva joined a leading Spanish language broadcasting company as in house counsel where he gained experience in the areas of Communications Law, Labor and Employment Law, and Entertainment Law. As part of his commitment to public service, Mr. Cueva has been an active member of the Miami-Dade County Unsafe Structures Board since 2000 and has served as Chairman of the Board since 2002. The Unsafe Structures Board is a quasi-judicial Board that meets once a month to hear appeals filed by property owners and interested persons challenging municipal building officials’ findings that a structure is unsafe. The Board’s thirteen members are appointed by the Miami-Dade County Board of County Commissioners. The Board exercises its jurisdiction throughout all of Miami-Dade County. The Board also has the authority to order repairs or demolition of a structure and issue subpoenas in connection with carrying out its functions. In 2008, Mr. Cueva re-joined Mintzer Saorwitz Zeris Ledva & Meyers, LLP as an associate […]


Medical marijuana laws present unique challenges to employers

Almost all states will soon have similar laws as to medical marijuana usage, and generally no employee can be fired just for having medical authorization to use marijuana. The Americans with Disabilities Act even prevents employers from asking about it because that would presume the employer is asking about an underlying disability. While it’s still illegal under federal law to possess or use it, there have been more than 60 peer-reviewed studies with an overwhelming majority finding marijuana helpful as palliative care in debilitating diseases or for those with chronic pain. What is an employer to do? Re-write your employee handbook; be vigilant and drug test under the defense of reasonable suspicion. Current Arizona law is typical of many states’ view: unless a failure to test would cause an employer to lose a monetary or licensing-related benefit under law, an employer may not discriminate against a person in hiring, terminating, imposing a condition of employment, or otherwise penalizing a person for having medical marijuana privileges, or producing a positive test for marijuana. Safety-sensitive work in the transportation industry – or any industry – allows the employer to discipline/terminate employees with medical marijuana prescriptions if intoxicated on duty. Regardless of the industry, no employee with a medical marijuana card may use, possess, or be impaired at work. Why should you be concerned/have a policy/conduct reasonable suspicion testing? Because of exposure to the legal risk of negligent hiring or negligent retention claims brought by third persons; and because your medical card employee could challenge you for discrimination if you do not treat every employee the same. The Gig Economy Just Got Giggier On June 7, 2017, Labor Secretary Alexander Acosta announced that the U.S. Department of Labor has withdrawn two informal guidance documents on independent contractor misclassification and joint employment, which had […]


The Insurance Issue for 2017

Excess, Umbrella, and multi-Insurer Coverages. Deductibles and Self-insured Retention policies; Control over Safety; Insurance Pricing in 2017. You’ll buy insurance this year for your transportation business, and perhaps a large percentage of it will be from multiple insurers. Pricing may be an issue (see below), or your clients may require certain policy features. Insurance policies themselves are always bilateral, not multi-lateral agreements. So, when you buy into a multi-insurer program, you should be aware of the gaps and inconsistencies that may occur. Your insurance broker is assembling a program that is complex, multi-layered, and multi-insurer. So ask a lot of questions. Never will two insurers jointly issue one policy that will provide whole coverage to you. But although policies are not multi-lateral that does not mean they operate only individually. Excess and umbrella policies, which you may need to fulfill customer demands, refer to other policies by their nature, generally calling them the underlying coverage – and are contingent in some ways on the provisions of that underlying coverage. A primary policy pays the first dollar of a covered claim, perhaps subject to your deductible or self-insured retention. You buy the primary and then add other policies that are excess of the primary as you deem necessary. An excess policy means the insurer only begins coverage after the pre-determined primary limits. Excess is available for just about all primary lines and there is no requirement you buy only from one underwriting company. An umbrella policy is more of a stand-alone excess policy that offers a bit broader scope than the primary. Umbrella policies stand out over plain excess covers: like an excess policy, umbrellas provide additional amounts of cover once the primary is tapped out; but umbrellas sit more broadly, and provide cover over other types of coverage, for example, […]


Baseball Stats have statistical rigor; FMCSA’s CSA scores do not

Baseball has always had statistics. They’ve been studied to excess and its auditors have immense data directly related to every player. Not so with CSA BASICs. The FMCSA built CSA and it routinely lacks the complete data to reveal the behaviors the Agency – and insurers, and shippers – are interested in. What the Agency does instead is substitute stand-in data, or what we might call proxy data. They draw statistical correlations between a motor carrier’s type of operations and its potential for safety. These correlations discriminate. Whereas baseball stats pour in daily for more than 6 months a year; and they can feed back inconsistencies into the model, redefining it as they progress, CSA scores are static; there is no mechanism to correct errors (let’s not even bring up dataQ appeals). Conditions and outcomes change or evolve in court somewhat closer to the truth, so must the model the penalties are based on. CSA, cloaked as it is in a great deal of mystery, with only chance encounters delivering outsized results, relies heavily on a handful of “test” results, which is so very far from algorithmic modeling. But yet, CSA purports to predict outcomes – i.e., crashes. These “predictions,” unfortunately, guide the discussions of shippers, DOT inspectors, and insurers. There will always be miscalculations in CSA evaluations because the models used are just simplifications. No model can include all the world’s complexities or nuances of human behavior. Inevitably, a lot of important stuff gets left out – like communications in operations, variable ground conditions, and interactions with other parties, namely shippers and receivers. To be frank, CSA BASICs is a toy algorithmic model that abuses truckers who all operate on the slimmest of margins. The Agency makes choices about what’s important enough to include, simplifying the world of trucking […]