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Arkansas, Clinton, Hixson & Daniels Pllc

Arkansas, Clinton, Hixson & Daniels Pllc

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Posting ads for 49 years
First of all, thank you for taking the time to visit our website. If you are looking for an attorney you are probably going through some type of personal or business challenge or crisis. The law firm of Hixson & Daniels, PLLC, was founded to protect the legal interests of individuals and businesses. I have been practicing law since 1982. The first 12 years of my practice was primarily devoted to defending insurance companies, individuals and companies in the litigation of civil lawsuits. Then, for the next 10 years I was the in-house corporate counsel for a $350 million transportation company. During my tenure as corporate counsel with an interstate motor carrier, I supervised and managed all facets of the risk management department and reported directly to the president. I was directly responsible for the everyday management and operation of the casualty claims department, cargo claims department, and group medical and human resources departments. I was also responsible for the daily management of the controlled substance programs and the medical review program to insure compliance with the Department of Transportation regulations. In addition to managing these departments, I personally represented the company in several lawsuits ranging from breach of insurance contracts in state courts to alleged violations of the Americans with Disabilities Act in federal courts. I also argued cases before the Arkansas Supreme Court and the 8th Circuit Court of Appeals. I have participated in legal seminars and I have spoken on issues ranging from legal ethics to compliance with federal transportation regulations. In 2004, I decided it was time for me to resign from corporate life and return to the private practice of law. Since that time, I have represented major corporations and individuals in state and federal litigation and provided counsel on a variety of topics from real estate transactions to creating new corporations to probating estates. The combination of representing individuals and businesses from the defense side for 12 years and representing a large transportation company and its multi-faced challenges for 10 years provides me with a unique perspective into the practice of law. I've seen how motor vehicle accidents, insurance disputes, real estate issues and other more general legal problems can devastate families and businesses alike. I've been on both sides of the bar. Our law firm is committed to represent individuals and businesses aggressively, but with integrity and honor. There are hundreds of attorneys from which you can select the person to represent you, your family or your business. We consider it an honor and privilege to represent our clients. We promise to treat each client on a personal basis but with professional dignity and courtesy. Transportation:. I was the in-house corporate counsel for a $350 million publicly traded motor carrier for 10 years. As the corporate counsel, I've reviewed hundreds of transportation contracts, insurance policies, and owner operator agreements. I personally managed on a daily basis the following departments:. Casualty claims. Cargo claims. DOT medical compliance. DOT controlled substance compliance. Workers' Compensation. Human resources and voluntary insurance plans. As one would expect, the casualty claims department handled hundreds of claims each year ranging from thousand dollars property claims to multi-million dollar personal injury and death claims. There were occasions where I would represent the Company as the attorney and there were several occasions where I represented the Company as the designated Company Representative. I have considerable experience in all types and all levels of truck accident litigation. Another area which provided considerable experience was the management of the cargo claims department. Cargo claims arise in a variety of accidents or incidents. Many cargo claims are the result of typical motor vehicle accidents; however, most of the more litigious cargo claims arise in the venue of shortages or damage to the cargo in transit for failing to brace the load properly. Shippers are becoming more and more sophisticated and attempt to include provisions in their shipping contracts which shift the loss to the motor carrier. We encourage every motor carrier to read their contracts carefully and watch for provisions that unnecessarily shift the loss to the motor carrier. For example, we encourage all motor carriers to watch for general indemnity clauses and shipper load and count clauses. One aspect of the motor carrier industry which is always ripe for review is the controlled substance and alcohol programs as required by the DOT or FMCSA. These are mandatory programs and are vital to keeping our public highways safe and vital to becoming good corporate citizens. We encourage all motor carriers to create an in-house audit team to periodically review driver hiring techniques, driver personal files, drug and alcohol files and other files pertaining to DOT regulations. We believe in being proactive and not waiting for a DOT auditor to show up at your door. Good document retention practices are crucial in defending negligent hiring claims or in defending motor vehicle accidents claims where the other party alleges that the driver was unsafe. The last department is the human resource department. This department is multi-faceted and oversees many items such as the creation of Company Handbooks and Company Policies, the management of the group medical plans and voluntary insurance plans and the hiring and firing of employees. . All of these areas are fertile grounds for litigation. I authored the Company Handbook and the Group Medical Insurance SPD. The Americans with Disabilities Act and the Family Medical Leave Act are two areas which pose particular concern for the trucking industry. On the one hand, motor carriers want to hire drivers who can physically perform the essential duties of driving a truck but, on the other hand, the motor carriers must comply with the regulations of the Americans with Disabilities Act. While it appears that these two worthy goals should co-exist easily, this area is rife for contentious and litigious employees, applicants and employers. There is a stark void in the federal regulatory guidance where the anti-discriminatory regulations and the DOT physical regulations overlap. There is where experience and an overall working knowledge of the many federal regulatory schemes are mandatory. We can provide you or your company with valuable guidance to negotiate through the minefields of overlapping federal regulations.

133 Sunbridge Drive, Ste. 1, Fayetteville, AR 72703

Fax: (479) 442-2774

Telephone: (479) 442-1732

Arkansas, Clinton


Business & Commercial Law30%, Business Organizations, Construction Law, Contracts, Debtor/Creditor, Discrimination, Eminent Domain, Employment Law -- Employer, Estate Planning, Insurance Law, Land Use & Zoning, Litigation & Appeals, Motor Vehicle Accidents -- Plaintiff, Personal Injury -- Defense, Personal Injury -- Plaintiff30%, Probate & Estate Administration, Real Estate Law, Transportation Law30%, Trusts, Wills, Representative Cases, McGarrah v. G.M., (Circuit Court of Washington County, Fayetteville, Arkansas), Williams v. Sparks Regional Medical Center and Dr. John Weddle, D.O., (Circuit Court of Sebastian County, Fort Smith, Arkansas), Klitz v. Pilgrim's Pride, (U.S. District Court, Texarkana, Arkansas), Haney v. Ford Motor Co., (Circuit Court of Washington County, Fayetteville, Arkansas), Garcia v. E.R.C. Properties, Inc. and E.R.C. Construction Group, L.L.C., (Circuit Court of Sebastian County, Fort Smith, Arkansas), Yenter v. B.C. Main Construction, Inc., (Circuit Court of Sebastian County, Fort Smith, Arkansas), West Practice Categories, Business & Commercial Law, Contracts, Debtor/Creditor, Business Organizations, Discrimination, Eminent Domain, Construction Law, Employment Law -- Employer, Estate Planning, Trusts, Wills, Insurance Law, Litigation & Appeals, Personal Injury -- Defense, Personal Injury -- Plaintiff, Motor Vehicle Accidents -- Plaintiff, Probate & Estate Administration, Real Estate Law, Land Use & Zoning, Transportation Law

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