Spoliation

Spoliation is, at it’s core, evidence tampering.  No, we’re not dealing with shady backroom threats on a witness’ life, but the results of the destruction of evidence can be nonetheless devastating to a party’s case, even when it happens by accident.  Join Steve and Rebecca as they discuss spoliation, why you shouldn’t commit it, how to avoid negligent spoliation, and the myriad and sometimes harsh penalties handed down by courts when spoliation does occur.

Sudden Emergency

Is Sudden Emergency a “get out of liability free” card?  It can be, but it depends on the circumstances and on who is making the decision.  Join Rebecca and Steve as they discuss what constitutes a sudden emergency, what happens when a defendant claims one, and why so many states have rejected the defense entirely.

Work Comp: Subrogating in the Golden State

When we think of subrogation, we often think of property and casualty coverage for car accidents or house fires, but other types of claims can result in subrogation rights.  Join Rebecca Wright as she sits down with Lee Mendelson, Managing Attorney of Mendelson Schwarz, to discuss tips and pitfalls of subrogating workers compensation claims in California.

The World is Your Jury

What do you do when everyone is wrong?  Which way will a jury go, and how can you figure that out?  Join Rebecca Wright as she sits down with Steve Theesfeld, a Partner at Yost & Baill, to hear about a case he is litigating where everyone seems to have participated in the loss – at least to some extent.  So how can he figure out what a jury will think of the liability?  Turns out, he’s surrounded by people just like them.

The Benefits of Early Motion Practice

The litigation process includes many avenues for discovery, but sometimes, you are ready to move on an issue without going through those motions – and that may be the best option.  Join Kim Rathbone as she sits down with Joel Radokovich and Patrick Jarosch of Grotefeld Hoffmann to discuss why sometimes the best offense is a good offense.

Bailment

Have you ever lent property to a friend?  Ever park your car in a parking garage?  Ever asked someone to hold onto something for you as a favor?What if something goes wrong?  Who is liable if your property ends up damaged, or stolen?  Join Steve and Rebecca as they discuss the shifting burdens and other ways liability changes when property is borrowed.

Statutes of Limitations – Are You SOL?

When is it too late to file a lawsuit for your damages?  There’s a stat for that!  The details, however, depend on a number of factors.  Join Rebecca and Steve as they discuss statutes of limitations and how the jurisdiction, type of claim, specific circumstances of the loss, and even whether or not arbitration applies can affect the timing in which you must bring your claim.  Make sure you aren’t late for this very important date!

Do No Fault Collisions Exist?

What does it mean to be in a No Fault state?  Does it really mean no one is at fault?  Join Rebecca and Steve as they dive into this often misunderstood area, where no fault doesn’t mean without fault, damages may not be damages, and being a “PIP squeak” is problematic.

Contribution Claims

Is there such a thing as too much coverage?  When more than one policy covers a claim, how can you determine which insurance company should pay what?  Join Rebecca and Steve as they discuss the contribution claims and how various states view the issue of multiple covering policies when complicated by other insurance clauses.

Res Ipsa Loquitur

Do you have a case in which you just KNOW the other party caused the damage, but you just can’t prove it?  Can’t you just use res ipsa loquitur?  The answer is, it’s not that simple.  Join Rebecca and Steve as they explain the requirements of asserting this legal doctrine, what it really means to assert it, and how the courts react to it.  For a thing that speaks for itself, this doctrine isn’t so easy.