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.
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…
The Graves Amendment was part of a 2005 federal highway bill, and though it is new, it has serious implications for subrogation claims involving rental leasing companies. Listen to Rebecca Wright and special guest, Jennie Smith-Howard, as they discuss how the Graves Amendment protects rental car companies from certain claims, 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.
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.
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.
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 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.