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.
What happens when the tortfeasor who caused your damages has some insurance coverage, but not enough? Just because the tortfeasor doesn’t have enough insurance, doesn’t mean the tortfeasor isn’t liable for the full amount of the damages he caused. Whether it is state minimum coverage, multiple injured parties, or just Read more…
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.
Motions for Default Judgment seem simple enough – if the Defendant doesn’t answer, you get a judgment. But as with so many things, the devil is in the details. Listen as Steve and Rebecca get into these details, from what proof can be required to the time limits involved, to when and why a hearing may be needed.
Can an online marketplace be liable for damages caused by a third-party vendor’s product? The answer is, maybe. Join Rebecca and Steve as they discuss the recent court decisions that are calling into question Amazon’s immunity from liability for damages caused by products they sell on their site, and what Read more…
In this, the third exciting installment of our suite on Service of Process, Steve and Rebecca discuss the proper processes for effectuating service on Defendants located outside of the country where suit is being filed. Listen in as the explain how the Hague Convention streamlines the process, what options you Read more…
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.
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.
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.