On Subrogation

This week, join us as we revisit our episode on Motions for Summary Judgment as a refresher!

Original Air Date: November 5,2019.

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.

Products liability cases typically live in civil court, but that all changed in 2023 when the Department of Justice brought its first ever criminal enforcement action under the Consumer Product Safety Act against Gree USA and its CEO and Chief Administrative Officer.  The company’s guilty plea was years in the making after Gree USA willfully and repeatedly failed to report serious safety concerns to the Consumer Product Safety Commission (CPSC), leading to the Commission’s first ever corporate criminal enforcement action.

On this week’s episode, Rebecca and Steve will guide you through the tumultuous, decade long saga that shows how corporate avoidance of a major product defect can result not just in subrogation and personal injury actions, but in multi-million dollar fines and reparations.

This week, join us as we revisit our episode on Motions for Default Judgment as a refresher!

Original Air Date: October 22,2019

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.

The post Motions for Default Judgment appeared first on Rathbone Group, LLC.

With the ever-evolving world of technology, devices of all kinds are becoming cheaper and easier to access than ever. To the auto industry, dashcams have become easily accessible and more attainable than ever.  But does the video always tell the whole story?  And can you even obtain the video for your case?

On this week’s episode, Rebecca is joined by special guest, Daran P. Kiefer, Partner at Kreiner & Peters Co. L.P.A to discuss what a difference the dashcam footage can make in investigating losses, and just how strong a hold the information can have on an investigation. 

This week, join us as we revisit our episode on Service of Process: International Defendants as a refresher!

Original Air Date: September 24, 2019

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 have besides the methods specified in that document, and what to do if the country where the Defendant resides is not a signatory to it.

For an up-to-date list of signatory states to the Hague Convention, including which methods of service they accept, visit the World Organisation for Cross-border Co-operation in Civil and Commercial Matters (HCCH).

You can find the State Department’s recommendations on international service, including contact information for foreign plaintiffs serving process on US entities, at their website, here.

Check our episodes on In-State and Out-of-State Service for more information on this important part of the litigation process.

The post Service of Process: International Defendants (Hague Convention) appeared first on Rathbone Group, LLC.

Snow. It can be such a beautiful and peaceful thing. That is, however, until you’re traveling on a highway and a sheet of ice and snow flies off of a passing vehicle and into your car.  If these ice missiles caused any damage, who is responsible?

On this week’s episode, Rebecca and Steve give us the cold, hard facts about snow flying off of vehicles and what happens if this causes property damage. Is there a duty to clean snow and ice off of your roof before beginning your trip? Do truck drivers have an increased responsibility? Tune in for the icy truth!

This week, join us as we revisit our episode on Service of Process: Out-of-State  a refresher!

Original Air Date: September 10, 2019

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.

Check our episodes on In-State and International Service for more information on this important part of the litigation process

When purchasing a product, you expect it to work, especially when you are purchasing from a retailer as massive as Amazon. If a product you purchased online causes injuries, you have the right to hold the parties involved in the chain of distribution liable. This includes Amazon even if it was only “fulfilled by Amazon.”

In this episode, Rebecca Wright and Steve Alsip discuss the continued evolution of the liability of online retailers.  We also encourage you to listen to our 2019 episode, Liability and the Online Marketplace, which was refreshed as our previous episode, in which Steve and Rebecca discuss the history of these arguments.  We encourage you to listen to that first episode to familiarize yourself with the arguments and how these decisions are changing over time.  We have no doubt that they will continue to change.

This week, join us as we revisit our episode on Liability and the Online Marketplace: Taking on the World’s Most Valuable Retail Company as a refresher!

Original Air Date: October 8, 2019

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 these cases mean for the future of products liability cases in the world of online retailers.

You can read the courts’ opinions here:

Fox v. Amazon.com Inc., 2019 WL 2896326 (6th Cir. No. 18-5661, 2019)

Oberdorf v. Amazon.com Inc., 2019 WL 2849153 (3rd Cir. No. 18-1041, 2019) (Note that on August 23, 2019, the Third Circuit Court of Appeals granted a petition for rehearing.  The Court vacated this July 3, 2019 Opinion, and will rehear the matter at a later date.  We will release an update once the Third Circuit enters a new opinion.)

This is the second installment in our suite on Known Defects and Mass Torts.  Last month, we discussed the Ford Pinto cases from the 1970’s.  Today, we are back in present day with another allegation of automobile defects: are auto manufacturers’ laudable efforts to go green causing damages to those cars?  Specifically, are the newer soy-based wire coatings and other plant-based coatings particularly enticing to rodents? 

Join Steve and Rebecca as they discuss the cases that are currently being litigated around these issues, and how the Magnuson Moss Warranty Act can provide additional avenues for plaintiffs to recover in cases like these.

This week, join us as we revisit our episode on Servicemembers Civil Relief Act a refresher!

Original Air Date: June 18, 2019

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.

If you are an attorney and would like to donate your legal services to assist servicemembers, veterans, or their families, you can find information on the ABA Military Pro Bono Project, Operation Standby, ABA Home Front, and the Veterans’ Claims Assistance Network here.

If you are a servicemember with questions about the Act, please refer to the excellent  SCRA Questions and Answers for Servicemembers page on the Department of Justice’s website.

From the Department of Justice, if you have additional questions or feel that your rights under the SCRA have been violated, contact the Armed Forces Legal Assistance Program office near you.

If you are in an emergency situation (such as an imminent foreclosure, eviction or repossession), you can contact Civil Rights Division’s Housing and Civil Enforcement Section: (202) 514-4713

TTY – 202-305-1882

U.S. Department of Justice Civil Rights Division
950 Pennsylvania Avenue N.W.
Housing and Civil Enforcement Section, NWB
Washington, D.C. 20530
Email: fairhousing@usdoj.gov

Thank you for your service

When purchasing a new car, customers trust that manufacturers prioritize safety. Unfortunately for many, other priorities created a recipe for disaster when Ford developed the Ford Pinto. Not only was this car unable to withstand a crash exceeding a mere 5 mph, but as plaintiffs successfully argued, Ford blatantly ignored safety concerns with simple fixes in order to rush the Pinto to market.

On this week’s episode, join Rebecca and Steve as they delve into one of the most notorious products liability issues in American manufacturing, uncovering the safety disaster that was the Ford Pinto and how such a massive distributor prioritized profits over public safety.

This week, join us as we revisit our episode on In-State Service of Process for a refresher!

Original Air Date: August 27, 2019

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.  Make sure to subscribe to this podcast so that you can be notified of our future episode on Service of Process on Out-of-State defendants, too.

Large language models like GPT4 and the super-realistic chat bots that use them have been in the news lately, both for their benefits in making our interaction with websites easier, and in the ethical traps that have ensnared those who use them, including at least one lawyer.  Without a doubt, many industries, including the legal and insurance industries, are turning to these tools to improve the way their businesses run.  But are these new AI tools reliable?  From issues of confidentiality, to upholding the duty of candor to the tribunal, to the very real bias and factual-sounding “hallucinations” of ChatGPT and its ilk, it is important to proceed with caution.

On this week’s episode, Rebecca and Steve ask ChatGPT to discuss the ethical use of these tools in the legal industry, and respond with real-world warnings and cautionary tales to help you understand what these AI tools can and cannot do.   

This week, join us as we revisit our episode on MCS-90 for a refresher!

Original Air Date: July 30, 2019.

Big trucks require big coverage – at least according to the Motor Carrier Act of 1980.  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.

You can find more information on the Financial Responsibility Requirements for large or hazardous vehicles on the Federal Motor Carrier Safety Administration’s website, and the Form MCS-90 Endorsement here.

The owner of a car wash has a duty to provide reasonable care and make their property safe for customers and their vehicles. This means providing detailed instructions for patrons, properly training employees to answer any potential questions, following safety guidelines and regularly repairing and updating car wash equipment. But what happens when a vehicle is damaged during the washing process?

How can a customer prove a car wash owner’s negligence? At what point is the owner of the vehicle responsible for their damage?  On this week’s episode, Steve and Rebecca air out any questions that may arise when negligence is questionable and a car comes out of the wash with more than just an extra wax coat.

This week, join us as we revisit our episode on Carmack Amendment for a refresher!

Original Air Date: July 16, 2019.

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.

Everyone has heard of a hit and run accident, but what about a miss and run? Occasionally, a defendant will present a case that an accident was not caused by him, but rather by a mystery vehicle that never actually made contact with the involved vehicles, but rather caused the defendant to hit another vehicle and then flee the scene. With no information available regarding this vehicle other than the defendant’s word, is a phantom vehicle spooky enough to scare away your recovery?

On this week’s episode, Rebecca and Steve discuss the question of proof and whether an alleged vanished vehicle could hold the majority of liability in a loss.  Does a phantom vehicle equal a sudden emergency? Does it absolve the Defendant of liability?  Don’t bypass this episode and miss (and run) out.

This week, join us as we revisit our episode on Sudden Emergency for a refresher!

Original Air Date: May 21, 2019.

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.

You can find more information about why UPS trucks avoid left-hand turns by clicking here.

Is there a heightened standard of care for drivers holding a CDL?  The answer, as it so often is, depends on the state.

Join us this week as Rebecca and Steve navigate the standard of care that is expected of commercial truck drivers and whether or not these drivers are expected to have superior knowledge, special knowledge, professional skill, or whether we just expect them to act as reasonable persons.  Are CDL manuals or Federal Motor Carrier Safety Administration guidelines admissible evidence of the standard of care?  Listen in to find out.