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.
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.
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.
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.
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!
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.
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.
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.
On this special live episode, Steve sits down with Bob Welsh of MQC Labs to discuss non-destructive testing in battery failures of items like e-cigarettes. Learn how cutting edge technology can preserve your evidence even as they provide valuable information and analysis.
What is the value of a faulty product? If a faulty product causes damages to itself, can those damages be recovered? Yes… maybe. Join Rebecca and Steve as the guide you through the history and current trends regarding the Economic Loss Doctrine to find out!