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Jim Stanton Leon Feazell Charles Bolcom
Jim Stanton Leon Feazell Charles Bolcom www.cooperscully.com © 2017 This paper and/or presentation provides information on general legal issues. It is not intended to provide advice on any specific legal matter or factual situation, and should not be construed as defining Cooper and Scully, P.C.'s position in a particular situation. Each case must be evaluated on its own facts. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. Readers should not act on this information without receiving professional legal counsel. Terminology MCS - 90: “Endorsement For Motor Carrier Policies of Insurance For Public Liability Under Sections 29 and 30 of the Motor Carrier Act of 1980“ 49 C.F.R. §§ 387.7, 387.15 Statute and Regulations do not specifically reference “MCS - 90" Form created by the regulatory agency Formerly - ICC Abolished 1996 Now – FMCSA (Federal Motor Carrier Safety Administration) Part of D.O.T Terminology MCA - The Statute: Federal Motor Carrier Act of 1980 49 U.S.C. § 10101 et seq. FMCSR - The Regulations: Federal Motor Carrier Safety Regulations 49 C.F.R. Parts 300-399 Online: www.fmcsa.dot.gov/regulations Under Authority Secretary of Transportation, to provide requirements for operations and equipment of motor vehicles 49 U.S.C. § 14102 (a)(4) Purposes of MCS-90 Reasons MCA Enacted: Deregulate trucking industry Address abuses regarding public safety MCS - 90 Purpose: Assure vehicles, including leased, covered by authorized carrier’s insurance Mandate that carriers assume responsibility for vehicles, including leased. 49 C.F.R. §387.1 Mandate that insurance applies to vehicles, including leased, not on the policy. -
Bringing Regional Rail Service to the Historic Cotton Belt Corridor DART Current and Future Rail Services
SILVER LINE REGIONAL RAIL GROUNDBREAKING COMMEMORATIVE EDITION Bringing Regional Rail Service to the Historic Cotton Belt Corridor DART Current and Future Rail Services NW PLANO PARK & RIDE PLANO PARKER ROAD To Denton JACK HATCHELL DOWNTOWN PLANO TRANSIT CTR. Preside SHILOH nt G 12TH STREET ROAD e sh Turnpike (future) o r g e Bu Dallas North Tollway CITYLINE/BUSH NORTH CARROLLTON/FRANKFORD UT DALLAS GALATYN PARK TRINITY MILLS CARROLLTON ADDISON KNOLL TRAIL RICHARDSON ARAPAHO CENTER Map Legend DOWNTOWN CARROLLTON ADDISON CYPRESS WATERS TRANSIT CTR. DFW (DALLAS) SPRING VALLEY MapTo FortLegendBlue Worth Line AIRPORT FARMERS NORTH BRANCH Red Line DOWNTOWN Blue Line FARMERS BRANCH GARLAND GARLAND LBJ/CENTRAL Map LegendGreenDFW Line DFW DOWNTOWN Red Line ROWLETT AIRPORT AIRPORT FOREST LANE FOREST/JUPITER OrangeBlueTerminal Line B Line Terminal A Green Line HIDDEN ROYAL LANE LBJ/SKILLMAN Orange Line BELT LINE ROWLETT Red Line RIDGE Map Legend LAKE HIGHLANDS Weekdays Peak Only (future) WALNUT OrangeDFW Line IRVING CONVENTION WALNUT HILL/DENTON HILL TrinityGreen RailwayLine Express CENTER Blue Line (No Sunday Service) PARK LANE Lake Ray Orange Line NORTH LAKE LAS COLINAS S. GARLAND Hubbard Orange Line COLLEGE Red Line TRANSIT CTR. TEXRailWeekdays (Trinity Peak Metro) Only URBAN CENTER UNIVERSITY WHITE ROCK LOVERS A-Train (DCTA) Green Line BACHMAN OrangeTrinity Line Railway Express UNIVERSITY OF DALLAS PARK LANE Weekdays Peak Only (No Sunday Service) LOVE FIELD White Rock M-Line Trolley VIA BUS 524 HIGHLAND LAKE RAY Orange Line Lake TrinityTEXRail Railway (Trinity Express Metro)Inset Map LOOP 12 BURBANK PARK HUBBARD Dallas(No Sunday Streetcar Service) (future) INWOOD/LOVE FIELD SMU/MOCKINGBIRD TRANSIT CTR. -
Kastning V. State Farm – Minnesota Court of Appeals
STATE OF MINNESOTA IN COURT OF APPEALS A12-0584 Bruce Kastning, et al., Appellants, vs. State Farm Insurance Companies, Respondent. Filed September 24, 2012 Affirmed Hooten, Judge Hon. Douglas L. Richards Faribault County District Court File No. 22-CV-11-182 Jason D. Pederson, Fuller, Wallner, Cayko & Pederson, Ltd., Bemidji, Minnesota (for appellants) Gregory E. Kuderer, Fairmont, Minnesota; and Kay N. Hunt, Lommen Abdo Cole King Stageberg PA, Minneapolis, Minnesota (for respondent) Considered and decided by Worke, Presiding Judge; Hooten, Judge; and Collins, Judge.* S Y L L A B U S An uninsured farm tractor is not a “motor vehicle” for purposes of the Minnesota No-Fault Automobile Insurance Act, Minn. Stat. §§ 65B.41-.71 (2010), because a farm tractor is neither subject to registration under chapter 168 of the Minnesota Statutes nor designed “for use primarily upon public roads, highways or streets.” Neither is an * Retired judge of the district court, serving as judge of the Minnesota Court of Appeals by appointment pursuant to Minn. Const. art. VI, § 10. uninsured farm tractor a “motor vehicle” under the uninsured motorist coverage of an insurance policy that defines “motor vehicle,” in part, as subject to registration under chapter 168 of the Minnesota Statutes and “designed for use on public highways.” O P I N I O N HOOTEN, Judge Appellants challenge the district court’s summary-judgment dismissal of their claim for uninsured motorist coverage under a policy issued by respondent, arguing that the farm tractor with which they collided was an uninsured “motor vehicle” within the meaning of their policy and, alternatively, that they are entitled to coverage under the reasonable-expectations doctrine. -
(State Farm Mutual Automobile Insurance Company, Appellant) V
Page 1 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY et al. (State Farm Mutual Automobile Insurance Company, Appellant) v. ILLINOIS FARMERS INSURANCE COMPANY et al., Appellees. Docket No. 103816. SUPREME COURT OF ILLINOIS 226 Ill. 2d 395; 875 N.E.2d 1096; 2007 Ill. LEXIS 1156; 314 Ill. Dec. 809 September 20, 2007, Opinion Filed PRIOR HISTORY: Appeal from the Appellate Court step-down provisions in appellee's policies were contrary for the First District. to Illinois public policy and were void. The appellate State Farm Mut. Auto. Ins. Co. v. Ill. Farmers Ins. Co., court reversed that holding, finding the step-down 368 Ill. App. 3d 914, 858 N.E.2d 519, 2006 Ill. App. provisions were not contrary to Illinois public policy and LEXIS 995, 306 Ill. Dec. 722 (Ill. App. Ct. 1st Dist., were enforceable. The court, after implementing the 2006) various rules of statutory construction, held that nothing in the statutory pronouncements of the Illinois CASE SUMMARY: Legislature prohibited appellee's step-downs since appellee's policies provided coverage to the named insured and permissive users of the named insured's PROCEDURAL POSTURE: Appellant insurer was vehicle in the mandatory minimum amounts. granted leave to appeal the judgment of the appellate court (Illinois), which reversed a trial court order granting OUTCOME: The court affirmed, in part, the judgment it partial summary judgment and held that appellee of the appellate court upholding the validity of the insurer's step-down provisions were not contrary to step-down provisions contained in appellee's policies. public policy and were enforceable. -
Jim Umpleby Elected As Caterpillar's Next
News October 17, 2016 Caterpillar contact: Rachel Potts Global Government & Corporate Affairs Office: 309-675-6892 Mobile: 309-573-3444 [email protected] FOR IMMEDIATE RELEASE Caterpillar Chairman and CEO Doug Oberhelman Elects to Retire in 2017; Jim Umpleby Elected as Caterpillar’s Next CEO; Dave Calhoun to Become Non-Executive Chairman of the Board PEORIA, Ill. – After more than 41 years with Caterpillar Inc. (NYSE: CAT), Chairman and CEO Doug Oberhelman has elected to retire, effective March 31, 2017. During his time as Chairman and CEO, Oberhelman has reinvigorated the company’s focus on serving customers while also driving a culture of quality and safety. Oberhelman led the company to its highest sales and revenues peak in its 91-year history in 2012, and, since that time, has successfully led the company through the unprecedented downturn affecting our key industries. During Oberhelman’s tenure: • Product quality levels have reached historically high levels. • Market position for machines has significantly increased. • New Lean Management processes have simplified and sped production capabilities, improving product availability for dealers and customers. • The company has increased its quarterly dividend by 83 percent since 2010. • The balance sheet is strong, and at the end of the second quarter of 2016, Caterpillar’s Machinery Energy & Transportation debt-to-capital ratio was 39.0 percent, with $6.764 billion in cash as of June 30, 2016. (more) -2- • Global safety metrics for employees have dramatically improved, with the Recordable Injury Frequency improving each year. • Caterpillar has been granted nearly 7,300 patents worldwide. • The company dramatically expanded its commitment to lower owning and operating costs for customers by connecting new and existing equipment through digital technology and data analytics. -
Doug Allen-Dallas
The DART Perspective Doug Allen Executive Vice President Program Development Dallas Area Rapid Transit Why DART? • Growing Mobility Problems • “World Class” Image • Vision 9 Fixed Guideway 9 Multi-modal 9 Regional Mobility History • DART was created to implement a vision 9 Fixed Guideway 9 Multi-modal • We had some problems along the way 9 Local economy 9 Public input 9 Political support 9 Credibility 9 Failure of Bond Referendum History • 1983 – DART established • 1988 – Bond referendum failure • 1989 – New Directions System Plan campaign • 1992 – Rail construction begins • 1996 – Opening of LRT Starter System • 2000 – Long term debt package passed • 2001-02 – Opening of extensions • 2006 – $700 Million FFGA The Mission To build and operate a safe, efficient and effective transportation system that, within the DART Service Area, provides mobility, improves the quality of life, and stimulates economic development. FY 2006 Ridership by Mode 36.1 Million 18.6 Million 18% 36% 44% 2% 2.4 Million 44.3 Million System Overview THE DART SYSTEM BUS • Provides area-wide coverage 9 700 square miles 9 Over 100 routes • Flexible 9 Local 9 Express 9 Crosstown 9 Feeders 9 Paratransit 9 Innovative services • Carries 44.3 million riders/year (FY ’06) System Overview THE DART SYSTEM Light Rail • Provides high capacity, quality transit within busiest corridors 9 20 mile Starter System 9 Additional 25 miles in 2002-3 9 Another 48 miles in planning & design • Benefits include 9 Service Reliability 9 Consistent time savings 9 Attracts new users 9 Stimulates -
October 12, 2004 CV 03 6793 Hartman V. Stat
IN THE DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF KOOTENAI HARRY HARTMAN and PAMELA ) HARTMAN, individuals, as individuals ) and assignees of Jon Graf’s rights set forth ) CASE NO. CV-03-06793 in Assignment Dated December, 2001, ) ) MEMORANDUM OPINION Plaintiffs, ) AND ORDER IN RE: ) DEFENDANT’S MOTION vs. ) FOR SUMMARY JUDGMENT ) STATE FARM FIRE AND CASUALTY ) COMPANY, a foreign corporation doing ) business in the State of Idaho, ) ) Defendants. ) ) Plaintiffs pursued claims against an insurer pursuant to an assignment of rights from its insured. Upon refusal to make payment, Plaintiffs filed the instant case against the insurer. Defendant moved for Summary Judgment. Motion denied. Joseph Jarzabek, ELSAESSER JARZABEK ANDERSON MARKS ELLIOTT & McHUGH, attorneys for Plaintiffs. James D. LaRue, Jeffrey A. Thomson, and Jon M. Bauman, ELAM & BURKE, attorneys for Defendants. MEMORANDUM OPINION AND ORDER IN RE: SUMMARY JUDGMENT: 1 I FACTUAL AND PROCEDURAL BACKGROUND A. Underlying Lawsuit In order to understand this case, it is necessary to review the underlying facts and an underlying case based upon those facts. Harry and Pamela Hartman (“Hartmans”) are the parents of Ty Hartman. On November 8, 1998, Ty disappeared after spending the evening with friends near Bonners Ferry. About a month later on December 9, 1998, Hartmans filed a wrongful death lawsuit in Boundary County against the three friends and their parents. One of those friends was Jon Graf.1 Eventually, the defendants in that lawsuit led police to the charred remains of Ty. They admitted that Ty had died early on the morning of November 9, 1998, and that some of them had burned his body. -
ROWLETT STATION Our Speakers Bureau
inmotion the official newsletter of A PUBLICATION OF DALLAS AREA RAPID TRANSIT DALLAS AREA RAPID TRANSIT P.O. BOX 660163 DALLAS, TX 75266-0163 Nevin Grinnell Address Service Requested Vice President Chief Marketing Officer Morgan Lyons Media Relations Director Elena Rohweder Manager, Communications Lyle Miller Senior Manager, Creative Services Denise Johnson Manager, Customer Information / Production Customer Information (routes & schedules) 214.979.1111 Connect with DART DART Administrative Offices 214.749.3278 Karen Ptacek Donn Coburn Communications Representatives Thomas Santana Ron Gray Designers Joe Swift Photography Photographer To subscribe or to update or cancel your subscription to Inmotion, contact Tracy Cantu. 214.749.2543 DART: Live and Online Get updates about DART’s latest developments through DOWNTOWN ROWLETT STATION our Speakers Bureau. Invite a DART representative to talk to your organization about our family of transit services. 214.749.2524 Transit Education offers A special thanks to our partners for their generous support safety education programs for schoolchildren and special presentations and tours for seniors. 214.749.2582 Visit DART.org for the online Trip Planner, route schedules, maps, construction updates and more. BLUE LINE LinKS TO Rowlett McDonald’s ROWLETT McDonald’s 5220 N. MacArthur Irving 132-011-712TS DART Current and Future Services to 2014 A-Train to Denton (operated by DCTA) NW PLANO PARK & RIDE PLANO PARKER ROAD JACK HATCHELL TRANSIT CTR. DOWNTOWN PLANO Presiden t G e sh Turnpike orge Bu BUSH TURNPIKE NORTH CARROLLTON/FRANKFORD Dallas North Tollway GALATYN PARK TRINITY MILLS RICHARDSON T RANSIT ADDISON ARAPAHO CENTER DOWNTOWN CARROLLTON ADDISON TRANSIT CTR. CARROLLTON IS A SPRING VALLEY FARMERS BRANCH DOWNTOWN FARMERS BRANCH GARLAND GARLAND AMILY LBJ/CENTRAL DOWNTOWN F DFW ROWLETT FOREST LANE FOREST/JUPITER ROYAL LANE LBJ/SKILLMAN DFW BELT LINE ROWLETT WALNUT LAKE HIGHLANDS WALNUT HILL/DENTON HILL IRVING CONVENTION CENTER Lake Ray PARK LANE Hubbard NORTH LAKE LAS COLINAS S. -
DOWNTOWN DALLAS INFILL SITE 912 ROSS AVENUE ±0.923 ACRES Fair Park Dallas, TX
AVAILABLE DOWNTOWN DALLAS INFILL SITE 912 ROSS AVENUE ±0.923 ACRES Fair Park Dallas, TX 30 Baylor, Scott & White Deep Ellum Medical Center 45 ALTA (2016) Camden Farmers 313 Units Pure REIT (2016) Market Apartments 340 Units Sheraton 75 Dallas Dallas Farmers Market Neiman Marcus | The Giant Eyeball | Museum The Joule Hotel | Tower Hilton Garden Inn Dallas Park District The Dallas Museum of Art | Adolphus Nasher Sculpture Center Hotel Fairmont Klyde Dallas The Westin Warren Park Downtown Dallas Ross Ave SoCo Gables Park 17 Lofts Field St SITE Crowne Plaza Downtown Belo El Fenix | N Griffin Ave Dallas Garden Meso Maya Dallas World 1001 Perot Museum of Aquarium Ross Elm St Nature & Science Main St SkyHouse Dallas Ross Ave Ross 366 Ave Ross JFK Memorial The House Condos Dallas 555 Ross Apartments Old Red Museum Capital Markets | Land Services Group AVAILABLE 912 ROSS AVENUE DOWNTOWN DALLAS INFILL SITE Dallas, TX 75202 Homewood Suites by Hilton Dallas Hertz Car Rental ROSS AVE SAN JACINTO ST Crowne Plaza Downtown Dallas KDFW FOX 4 N. GRIFFIN AVE SITE Dallas World 1001 Ross Apartments Aquarium Tiff’s Treats Avery’s Savory Popcorn Shivas Bar & Grill The Empanada Cookhouse Donut Palace PACIFIC AVE United Way of Metropolitan Dallas N. LAMAR ST Arrive West End Apartments Edible Arrangements McDonalds Urban Blend N. LAMAR ST Coffee Co Springhill Suites by Marriot Dallas Landmark Center DART West End Station 7-Eleven Sonny Bryan’s Smokehouse Family Thais Dallas Segway Tours Museum of Asian Bistro Illusions ROSS AVE Capital Markets | Land Services -
Special Event Schedule
Special Event Schedule Special TRE Service for MegaFest 2015, August 19-23 Big things happen in Dallas, and it doesn't get any bigger than MegaFest! Looking for games and excitement for the kids? MegaFest has it. Needing a little inspiration? MegaFest has it. Wanting to take in exhilarating concerts? MegaFest has it. How about some laugh-out-loud comedy? MegaFest has that and so much more! Learn more at mega-fest.org. MegaFest 2015 will be held Thursday, August 20 through Sunday, August 23 and will be staged simultaneously at American Airlines Center (AAC) and Dallas’ Kay Bailey Hutchison Convention Center each day. Registration opens at noon on Wednesday, August 19 at the Kay Bailey Hutchison Convention Center. Ride TRE to Victory Station for events at the AAC. Ride TRE to Union Station, then transfer to DART Rail Red or Blue line southbound to Convention Center Station for events at the Kay Bailey Hutchison Convention Center. Information about DART’s expanded service for MegaFest is available at www.DART.org/MegaFest. Buy your Transit Pass on the GoPass app Save time and pre-purchase a 4-Day Pass good for travel Thursday, August 20 through Sunday, August 23 • The Local 4-Day Pass is valid for unlimited riding on DART Rail and buses and TRE between Union Station and CentrePort/DFW Airport Station on days of the event. • Child and Senior passes as well as Local and Regional single Day Passes are also available. • These passes are not valid for Paratransit. • These passes are not valid for admission into any MegaFest events. -
Highland Park Carrollton Farmers Branch Addison
LAKE LEWISVILLE 346 348 EXCHANGE PKWY 348 LEGACY DR PARKWOOD SH 121 SHOPS AT 452 348 452 LEGACY 346346 LEGACY DR TENNYSON 347 P 183 451 208 NORTH PLANO NORTHWEST PLANO DART ON-CALL ZONE PARK AND RIDE 183, 208, 346, 347, PRESTON RD 348, 451, 452 SPRING CREEK PKWY 452 SPRING CREEK PKWY 829 LAKESIDE US-75 N. CENTRAL EXPWY. COLLIN COUNTY MARKET COMMUNITY 350 COLLEGE JUPITER RD 350 TEXAS HEALTH 451 PLANO RD PRESBYTERIAN HOSPITAL PLANO PARKER RD 452 R RD COMMUNICATIONS 347 PARKER RD PARKER ROAD STATION PARKE 350, 410, 452 183 PRESTON RD. DART ON-CALL, TI Shuttle, Texoma Express 410 CUSTER RD SHOPS AT RD COIT PARK BLVD INDEPENDENCE PARK BLVD CREEK WILLOWBEND 410 ALMA ARBOR 531 347 PARK BLVD PARK BLVD CHEYENNE 870 451 BAYLOR MEDICAL CTR. 18TH 870 AT CARROLLTON HEBRON PLANO DOWNTOWN PLANO STATION MEDICAL CENTER 870 FLEX 208 OF PLANO 15TH 15TH OHIO 14TH IN T PARKWOOD E 350 R 13TH 870 N A PLANO PKWY TI 210 COLLIN CREEK MALL ON JACK HATCHELL TRANSIT CENTER FM 544 AL P KWY 841 210, 350, 451, 452, 841 FLEX SH-121 347 210 BAYLOR REGIONAL 870 843 AVE K AVE 843 841 MEDICAL CTR. ROSEMEADE PKWY 534 841 PLANO PKWY PLANO PKWY HEBRON to Denton (operated by DCTA) 531 347 841 MARSH LUNA 350 841 410 WAL-MART 883 Fri/Sun 841 ROUND GROVE NPIKE NORTH STAR RD TIMBERGREEN H TUR NORTH CARROLLTON/FRANKFORD STATION P S BUSH TURNPIKE STATION 333 U 883 UTD Shuttle, 841-843 FLEX PEAR RIDGE PEAR B IH-35E STEMMONS FRWY. -
Making Your Connection
DART Rail System Map DOWNTOWN ROWLETT DFW AIRPORT STATION Open 2014 Irving Convention Center Belt Line Making Your Connection During peak times (4:30-7 a.m. and 2:15-5:30 p.m. weekday departures from DFW Airport Station), the Orange Line travels from the station through Irving, into downtown Dallas and to the northern terminus of the system at Parker Road Station in Plano. Off-peak, it follows the same path but terminates at LBJ/Central Station. Select late- night Orange Line trains will travel from DFW Exploring Airport Station to downtown; from there they will Popular Destinations go through Deep Ellum and end at Fair Park Station. Check out schedules at DART.org. DART DFW Airport Map Convention Center District. One of the largest in the nation, the Kay Bailey Hutchison (Dallas) Convention Center hosts major national and international conventions, meetings, antique and Exit to DART Station Terminal auto shows, and other events. The Omni Dallas Hotel is connected to it via sky bridge. Convention Center Station Fair Park. The largest collection of Art Deco exhibit buildings in the U.S., Fair Park is a historical treasure that plays host to the State Fair of Texas®. Other attractions include the Heart of Dallas Bowl football game and year-round museums. Fair Park Station Dallas Arts District. The Dallas Arts District is the largest arts district in the nation, spanning 68 acres and comprising Entry numerous venues of cultural as well as architectural from distinction. Pearl/Arts District Station DART Omni Dallas Hotel Station NorthPark Center. Shoppers from all over the world are drawn to NorthPark’s one-of-a-kind collection of luxury and fashion-forward retailers.