Carmack Amendment

What rights does a customer have when a shipping company fails to deliver a shipment timely, the shipment arrives damaged, or it does not arrive at all?  What are the limitations on claims such as these?  Join Rebecca and Steve as they discuss the Carmack Amendment, and how it attempts to address the issue of interstate shipping damages consistently across the country.

Statute of Frauds: Why You Should Get Your Payment Plans in Writing

The Statute of Frauds may sound like a relic of the English Common Law of centuries past, but it is very much alive in the Uniform Commercial Code and state statutes around the country.  Understanding the Statute of Frauds and its requirements to put certain agreements in writing can mean the difference between an enforceable payment plan, and an unenforceable promise.  Join Rebecca and Steve as they discuss the Statute of Frauds, and the different ways that it has been interpreted from state to state.

SCRA: Legal Protections for Military Personnel

The Servicemembers Civil Relief Act (SCRA), formerly known as the Soldiers and Sailors Civil Relief Act, are a set of laws that allow military personnel and servicemembers to focus on defending our nation, instead of worrying about financial issues and legal actions.  The SCRA’s important protections come into play in any legal proceeding involving active duty military personnel, and include additional requirements to assist in protecting them.  Join Steve and Rebecca as they discuss this important legislation, and what you need to know to comply with it in your subrogation actions.

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.

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.