Ken Peace joined Resnick & Louis three years ago and his experience and expertise have continued to grow and develop. Ken currently dedicates approximately 50% of his time handling general liability and bodily injury defense cases, many with exposure in excess of $1 million. Ken has been providing quality legal services to his clients since 1997. He has a wide array of general civil litigation experience including, but certainly not limited to Insurance Coverage, Insurance Defense, Premises Liability, Dram Shop, Commercial Litigation, Products Liability, Business Advice and Litigation, Probate and Trust Disputes, Elder Abuse, and Trustee and Private Fiduciary Advice and Litigation. Ken will be speaking at the Arizona Insurance Claims Association meeting this Thursday, February 16th. More
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 truckingRead More
Mitchell Resnick is the co-founder and managing shareholder of Resnick & Louis, P.C. A renowned name in insurance and institutional defense litigation, representing hotels and casinos, retail stores and more. Mitch was previously named as one of the top attorneys with Southwest Super Lawyers and has been the primarily responsible attorney on multi-million dollar cases.Read More
Thank you for the kind words Lawry’s in Las Vegas. We greatly appreciate you hosting our event.Read More
LISTEN TO THIS EPISODE If you follow news about cannabis, you’ve probably noticed the flurry of media activity responding to the DEA announcement about CBD. On December 14, the Federal Registry announced that the DEA revised rules to allow for cannabis extracts, including non-psychotropic cannabidiol (CBD), to be categorized separately from whole plant marijuana with tetrahydrocannabinol (THC) among Schedule 1 Controlled Substances. The news set in motion a chain reaction of concern from industry professionals, medical practitioners and patients who rely upon legal access to CBD for their health. Unfortunately, most of the hysteria passed around in social media was inaccurate. We should be very concerned about the future of marijuana, but not because of the DEA’s announcement. The DEA didn’t make CBD illegal. Hemp cultivation has been illegal since Congress passed the 1937 Tax Stamp Act and marijuana derivatives, including CBD extracts, have been illegal to produce or purchase since 1977 when Congress passed the Controlled Substances Act. What did happen was an administrative change that assigned CBD extracts a new code among Schedule 1 Controlled Substances to distinguish it from marijuana. All forms of cannabis are accounted for and tracked by a single numerical identifier, Code 7360. We covered this at length in a recent article, which you can read here. In today’s show, we take a deeper look into why the DEA announcement was both misleading and irrelevant. Cannabis attorney Tabitha Myers clarifies the legality of the DEA’s announcement, Andrew Hard a media specialist from California discusses the media frenzy and false reports that went viral in social media, and Damaris Higuera, a concerned parent of a severely disabled child, explains how such news impacts families that depend upon legal access to CBD to keep their children alive. Attorney Tabitha Myers specializes in cannabis litigation, transactional andRead More