When is a Judgment not a Judgment?

You’ve worked your file, filed suit, obtained service, filed your motions, and obtained a judgment.  Now, the defendant wants to get out of that judgment.  Can he do that?  The answer is: sometimes.  Listen in as Rebecca and Steve discuss what happens when a defendant files a Motion for Relief from Judgment, when such a motion will succeed in overcoming your judgment, and what happens next.

Motions for Summary Judgment

Can you really have a trial without a trial?  With a Motion for Summary Judgment, you can.  But are these motions really the dead-end that law students are often taught they are?  Summary Judgment is a real mechanism that is available under the right circumstances.  Listen to Rebecca and Steve discuss when a Motion for Summary Judgment is appropriate, and what you need to do to be successful in it.

Service of Process: Out-of-State (Long Arm Statutes)

In this, our second installment on service of process, Rebecca and Steve discuss the difference between subject matter and personal jurisdiction, and how a court can have personal jurisdiction over a defendant that lives out of state.  In the second half of the episode, learn how some of the special rules that apply to certain subrogation matters can actually make service of process on out of state defendants easier than serving defendants in the same state as the lawsuit.

Service of Process: In-State

What if you had a lawsuit and nobody showed up?  Each State has rules governing the service of process in civil suits filed in their courts.  Join Steve and Rebecca as they discuss how these rules differ depending on who you are serving, and why this process is so important.  Read more…

MCS-90

Big trucks require big coverage – at least according to the Motor Carrier Act of 1980, and to make sure that coverage protects the public in accidents involving these big trucks, the Act requires that coverage to include an MCS-90 endorsement.  What is the MCS-90 endorsement, and what does it mean for a subrogation case involving a tractor-trailer or other large or hazardous vehicle?  Join Rebecca and Steve as they discuss the MCS-90 endorsement, and how knowing what it says can help you in your negotiations of trucking cases.

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.