It is neither a secret to the defense bar nor an unknown theory of liability to the plaintiffs’ bar that sleep apnea — a condition that can cause one to suddenly fall asleep — has played a significant role in trucking litigation for many years. The condition gained national media attention in 2013 after both chambers of Congress unanimously passed H.R. 3095 — a federal law that requires the Federal Motor Carrier Safety Administration (FMCSA) to now follow a rule-making process in establishing …