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.

If you are interested in contacting an attorney for an interview or article, please contact Stacie O’Brien at sobrien@rlattorneys.com

 


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 […]


Eyes on 94- Roadside Advice

This week, motor carrier officers in Michigan, Indiana, and Ohio will turn their attention to the I-94 corridor and other major highways for “Eyes on 94,” an enforcement effort targeting commercial trucks. From Dec. 5-9, Michigan State Police, Indiana State Police and the Ohio State Highway Patrol motor carrier enforcement on the roadside that will focus on violations that they believe (as you know, we all don’t agree) are most likely to contribute to a crash, including speeding, following too closely, improper passing, distracted driving and improper lane use. The best way to avoid a roadside inspection in Michigan? Make sure all your running lights are working The best way to avoid a roadside stop in Indiana? Don’t speed. That’s pretty good advice on all your lanes.