On Subrogation

Subrogation damages, like most civil lawsuits, are a matter of proof.  You need evidence to prove that you and your insured suffered the losses you are claiming.  So what happens when those losses are not for damaged property or medical bills, but for lost profits?  Can you ask the court to look into the future to pay for sales your insured would have made, but for the incident at issue?  On this week's episode, Rebecca and Steve explore real scenarios to guide listeners through the legal standards that shape these complex claims and break down the core elements behind successful lost profit recovery cases.  Whether the insured business is a long-term established entity, or a brand new storefront, you may be able to successfully recover lost profits, as long as you have receipts. 

This week, join us as we revisit our episode on Third Party: Government Entities as a refresher! Original Air Date: May14, 2021 Federal and State Governments are powerful entities. But are they so powerful that they can never be sued for damages? In this installment in our series on third party liability, join Rebecca and Steve as they explain why sovereign immunity can be a liability for your case if your third party is a government entity.   The special forums for these claims, the special rules, time limits, and notice requirements that apply, and whether the entity can be sued for subrogation at all depend on which state or political subdivision is at fault.  So buckle up and take notes for your next cross country claim.

Most automobile subrogation cases are the result of negligence, but when the tortfeasor's driving was reckless or intentional, we sometimes call it Road Rage.  Though a road rage incident may seem like an easy case, it often  proves to be quite complex, calling into question whether the opposing  insurance carrier can deny coverage, potential assumption of risk, or even if an employer could be held responsible for an employee's rageful driving. In this week's episode, Rebecca and Steve explore what really happens when road rage turns into a legal battle and break down real legal concepts with insight into how the law handles anger on the asphalt.

This week, join us as we revisit our episode on Third Party: Dram Shop & Social Host as a refresher! Original Air Date: April 30, 2021 You've seen it before: drinks flowing at your local bar on busy Saturday night. A patron who's had too much leaves behind the wheel. If this person goes on to cause an accident, can the bar owner or bartender be held responsible for serving too much? What if it's a house party, instead of a bar? The answer is, they might be. Sit back and drink up this intoxicating subject as Steve and Rebecca use multi-state case law as real examples for when someone other than the inebriated party can be held responsible for a victims' injuries. From dram shop laws creating liability for bar owners, to social host laws that do the same for homeowners, use this episode as one more reason to take the keys from your own guests who have had too much. 

Lawsuits can often take years to conclude, and as life goes on, sometimes it could come to the inevitable end for people involved in the case. But what happens if a deceased individual could bring value to a case? Can testimony about their communications be presented to the court from  beyond the grave? On this week's installment, join Rebecca and Steve as they explore this quirky, and sometimes frustrating, rule about how a witnesses' passing could derail a case and just how to navigate the challenge of death in a subrogation case.

This week, join us as we revisit our episode on Third Party: Employer Liability as a refresher! Original Air Date: April 16, 2021 A tortfeasor goes on a donut run driving the company car and causes an accident with your insured.  Can the insured - or her insurance company - also recover damages from the company?  The answer is, “it depends.” Rebecca and Steve return to explain the factors that turn an employee's actions from a frolic into a detour, a single liable tortfeasor into a viable claim against the employer, via the doctrine of respondeat superior.  What is within the course and scope of employment, when is an errand a frolic instead of a detour, and how can you prove this person was an employee in the first place? Listen to learn the tools you need to determine whether or not an employer has exposure when their employees cause damage both inside and outside the workplace.

When property owners fail to maintain their buildings or equipment, the damage can be costly, and even dangerous. Once you have identified that negligent maintenance was the cause of your insured's claim, you often run into the added hurdle of maintenance agreements that seem to shift the responsibility between various potential tortfeasors.  What does this mean for your subrogation rights? On this week's podcast, join Rebecca and Steve as they discuss the nuances of negligent maintenance and how it applies in property claims. From structure fires to faulty HVAC systems, discover the elements necessary to prove these claims and recover damages and whether subrogation rights can be waived if damages were caused by gross negligence.

This week, join us as we revisit our episode on Negligent Maintenance in Auto Claims as a refresher, then join us for our next new episode, Negligent Maintenance in Property Claims! Original Air Date: March 24,2023 That little “Maintenance Required” light on the dashboard - it's something everyone dreads. Even worse, what if maintenance was completed as required, but not completed properly? Maintenance reminders and having them completed at a reputable shop can make or break your position in an accident. On this week's podcast, Rebecca and Steve discuss what happens when an accident occurs as a result of negligent maintenance. Owners are required to properly maintain their vehicles, but how can you prove that an owner was negligent in failing to perform routine maintenance?  What happens if it's the mechanic's fault for shoddily performing that work?  Whether passenger vehicles or heavy trucks, listen in to discover how to identify responsible parties and recover on claims for negligent maintenance. 

Gifts may be nice in your personal life, but in the world of subrogation a voluntary payment can turn an insurer into an  “officious intermeddler,” without a right to recovery. What makes a payment voluntary, and who is responsible for proving it? On this week's episode, join Rebecca and Steve as they discuss contract language, what the parties knew and when they knew it, and when issues of public policy come into play to make sure that your good claim handling does not turn into an unrecoverable gift.

This week, join us as we revisit our episode on evaluating your claims throughout the investigation process as a refresher! Original Air Date: April 2,2021 As that great American philosopher, Kenny Rogers, once sang, "You got to know when to hold 'em, know when to fold 'em" But how do you know when to walk away?  Join Rebecca and Steve as they walk through the process of evaluating a claim that looked great on intake, to tease out whether or not it was a good bet as a subrogation case for the client.  From determining the filing jurisdiction, to identifying claims and challenges, learn the steps to take to evaluate the cards you were dealt.

In our previous episode, we refreshed our 2021 episode on service by social media.  As predicted in that episode, adoption of these types of service has spread. Over the years, American's engagement in online activities have grown and they will continue to grow for years to come. So, if we are trying to make defendants aware of a pending lawsuit, what better place to look for them than the internet? On this week's episode, join Rebecca and Steve as they explain the innovations made to the online service process and discuss how, under the right circumstances, requests to use a defendant's social media account as an alternative means of effectuating service of process will be granted by U.S. courts

Service of process just joined the digital age, in two jurisdictions, anyway. Alaska, in 2019, and now Texas, in 2021, officially allow litigants to serve summons' via social mail, e-mail, and other electronic means. Just like everything else on the internet, though, these new service rules are not as simple as they seem. Listen as Rebecca and Steve discuss the requirements for social media or electronic service, pitfalls to avoid, and how you can use these tools to serve your subrogation defendants online. Want to see more? Check out our YouTube video on Service by Social Media. For more on Service of Process, you can listen to our podcast episodes on serving In-State Defendants, Out-of-State Defendants, and International Defendants.

How does Texas balance efficiency with fairness in its courts? For one thing, it has implemented an expedited system for court cases, including subrogation cases, seeking monetary relief of less than $250k. Another interesting method is its 2-week trial docket, employed by the larger Texas counties.  These rules do mean that cases don't languish as they can in other jurisdictions, but they also create their own challenges for practicing in the Lonestar State. On this week's episode, Rebecca and Steve are joined by fellow partner, Jessica Lobes, as they discuss attorney strategies and tips for navigating these fast paced proceedings. Join us as we discuss best practices to set your Texas subrogation case up for success. 

This week, join us as we revisit our episode on Service Contract Limit Liability as a refresher! Original Air Date: February 25, 2020. What happens when an alarm system doesn't work like it should?  Damages can be high, but are those damages recoverable?  Alarm companies frequently rely on liquidated damages provisions, limitations on liability, anti-subrogation clauses, and other exculpatory clauses to avoid liability.  Do the courts agree?  Join Steve and Rebecca as they discuss whether these claims are recoverable, and what you need to know to figure that out.

The future is here! And that future is driverless cars, with the  world's first autonomous ride-hailing service now available to the public. Though these fully electric, app based, self-driving vehicles seem convenient and cost-effective, what happens when an autonomous vehicle causes damage or injury to persons or property? Who is to blame? Is it the owner? The manufacturer? The occupant? On this week's episode, Jason Sullivan joins Rebecca to discuss their first-hand experience riding in an autonomous taxi. Learn the features and abilities of these self-service vehicles and buckle up as we navigate the future of  subrogation claims in the era of driverless cars.

This week, join us as we revisit our episode on animals in the road. Original Air Date: March 24, 2020. You've seen it before - you're insured was minding her own business, driving down the highway, when suddenly, there's a cow in the road!  Or a horse! Or a ... goose?  She swerves and... you have a damages claim to subrogate.  Is the owner of an animal running at large liable for the damages that animal caused?  It depends. In this episode, Steve and Rebecca discuss the cases of animals in the road and animals running at large, and how the laws regarding liability for the damages caused by these animals differs from state to state, and even from town to town.  Learn about open range states, fence in states, and what kind of proof you need to recover when your insured is damaged by animals on the loose. For more on open range laws, check out our YouTube video, Livestock Liability in Open and Closed Range States. For more information about animal claims, check out our episode, When Animals Attack! - Dog Bites.

TNT – it's not just for cartoon coyotes, but what happens when explosives are used in the real world… and cause damage to your insured?  Blasting with explosives is common in mining operations, construction and roadwork, but blasting, not surprisingly, can cause damage.  Whether by noise, pollution, vibration, or flying debris, when these blasting activities cause damage, does the public just have to sit back and endure it? On this week's episode, join Rebecca and Steve as they dig deep into case law on when and how to bring actions to recover for damages caused by public nuisance. 

This week, join us as we revisit our episode on third-party liability defenses. Original Air Date: March 19, 2021 What happens when someone else causes an accident while driving your car?  Are you liable for the damages caused by this irresponsible driver?  Today, Steve and Rebecca pick up with our second installment in our series on third-party liability:  defenses raised by third-party owners.  In addition to the usual negligence defenses, owners raise additional arguments to challenge their own liability.  Using multi-state case law as real-life examples, Steve and Rebecca travel from Oregon to Washington, DC to explain how to address these defenses, from shifting the burden of proof, to proving ownership, to key-in-ignition statutes that attach liability to the owner even if the vehicle was stolen.  If you missed our first episode on third-party liability, check out our previous episode.  Do you have claims involving car and truck rental companies?  Don't miss our podcast on the Graves Amendment, or head to our YouTube channel for a Graves Amendment video.

In subrogation, we typically deal with torts.  Generally, these are based on negligence, which means that the central question is one of causation: we must prove that the Defendant's actions or failure to act were both the actual and proximate cause of the Plaintiff's damages.  But what if there are not one, but two negligent defendants?  That may sound like a great problem to have, but when you can't prove which defendant's breach caused the plaintiff's harm, meeting the causation requirement can get tricky. On this week's episode, join Rebecca and Steve as they sort out two very useful rules: the unascertainable cause and the merged causes tests, which you can use to get to judgment when you have too many tortfeasors acting too negligently.  If they all did it, can they get away … with negligence? 

This week, join us as we revisit our episode on 3rd Party: Owner & Vicarious Liability Original Air Date: March 5, 2021 How do you recover damages if your tort driver is uninsured, underinsured, or otherwise uncollectable?  What is the risk to lending your car to your drunk friend? (spoiler: don't do this).  In this, our first in a multi-part series on third-party liability, Steve and Rebecca discuss when and how the owner of a vehicle will be vicariously liable for damages cased by a different driver, by statute, common law, or by negligent entrustment.  As a bonus, learn some great arguments for why you can't loan your car to your cousin, the terrible driver. Be sure to favorite or subscribe to the On Subrogation podcast so that you can catch the next episodes on other types of third-party liability!

Time, time, time.  It's not always on our side.  We are, generally, aware of Statutes of Limitations, which allow only a certain amount of time after a cause of action has accrued to file a lawsuit.  So, what if your damages are caused by a latent defect that is only discovered years after the tortfeasor completed work on, say, a house?  Since your statute of limitations does not begin to run until the damage is discovered, you're in the clear right?  Not so fast.  You may be barred by the running of another time limit:  the Statute of Repose. That's right.  This time limit is based on when work was completed, or when a product was sold, not when the loss occurred.    On this week's episode, join Rebecca and Steve as they dive deep into this crucial, yet often misunderstood, aspect of legal limitations.  When does a statute of repose bar recovery on a subrogation claim?  How is it fair that the time limit to file the claim could run before the insured could even have known the claim exists?  It turns out, the limit does exist, and the clock may have already started ticking.

This week, join us as we revisit our episode on Statute of Limitations  as a refresher! Original Air Date: March 26, 2019 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!

It's our 100th episode!  What better way to commemorate this milestone than to look back at the dumbest ways we have seen people start fires? On this week's episode, Rebecca and Steve reminisce on some of the most senseless cases that have come across our desks where pure, avoidable, negligence caused significant damage. From cigarettes to chicken wings to trampolines, there is seemingly no end to the interesting ways tortfeasors have caused subrogation claims from fires.

This week, join us as we revisit our episode on When Animals Attack as a refresher! Original Air Date: March 10, 2020 People love their pets, but sometimes, pets don't love other people.  What happens when your insured is attacked by an animal?  Is the owner liable?  What do you need to prove, and what defenses might you face?  Is there really such a thing as a "one-bite" rule?  Join Rebecca and Steve as they survey several states to discuss some dogs that were not good boys. You can find a list of states and their dog owner liability statutes, or lack thereof, here.  Rathbone Group, LLC does not own, contribute to, nor maintain the alllaw.com site.  You should consult an attorney for legal advice and statutory interpretation.  Feel free to contact us for more information on this or any other topic at podcast@rathbonegroup.com. 

In the world of subrogation, setting your claim up for successful litigation does not begin with the filing of a complaint.  Beyond preserving evidence, there are certain statutory requirements that plaintiffs in some claims must satisfy before the suit even begins.  If your claim involves a claim that a construction company or contractor failed in their responsibilities, you may have to give them a chance to fix the problem.  Not every state recognizes the Right to Repair or Right to Cure, but when it comes to construction defect cases, you need to know if your jurisdiction does.    On this week's episode, Rebecca and Steve discuss the notice requirements, opportunity to inspect, and the tortfeasor's right to settle or repair a defect, and when your insured may be required to continue to work with a contractor, even after everything has gone wrong.   

This week, join us as we revisit our episode on When You Don't Control Your Proof as a refresher! Original Air Date: February 11, 2020 Plaintiffs have to be able to prove their cases.  It's true for individual litigants and subrogated carriers, but sometimes, you don't actually own your proof, you don't control it, and that can wreak havoc on your file.  On this episode, Rebecca forces Steve to relive one such case, known around our office as "The Cheese Case," to tell the cautionary tale of what happens when you don't control your proof.

The latest connected item in the internet of things is license plates.  While only available for purchase in four states, they are legal to drive with in all 50 states and allow drivers to customize their plate along with ease the registration process. Digitizing all aspects of life typically seems enticing, but do these digital license plates call personal privacy into question? From the pros of more  easily recovering stolen vehicles, to concerns about tracking movements,  join Rebecca and Steve on this week's episode as they navigate this new technology.

This week, join us as we revisit our episode on The Collateral Source Rule as a refresher! Original Air Date: January 28, 2020   It's a noun!  It's an adjective!  It's a rule of damages!  It's a rule of evidence!  The Collateral Source Rule is all of these things and more.  Join Rebecca and Steve as they discuss the two different but related facets of the Collateral Source Rule, and why it is so common in subrogation cases, where subrogated carriers often are the collateral source at issue.

Arguments about who had the “last clear chance” get thrown around a lot in the auto subrogation world, but Last Clear Chance is a legal term of art that limits the harshness of contributory negligence rules.  Whether your jurisdiction refers to it as the Doctrine of Discovered Peril, the Doctrine of Supervening Negligence, or even the Humanitarian Doctrine, the effect is the same: a Defendant cannot shield himself with contributory negligence if he had the opportunity to avoid the harm to the plaintiff.  On this week's episode, Rebecca and Steve take some time to explain the elements required to successfully invoke the Last Clear Chance Doctrine.  Join us to discover how and where this doctrine will allow you to recover on your claim in a contributory negligence state, and when this argument doesn't stand a chance. 

This week, join us as we revisit our episode on vacating judgments as a refresher! Original Air Date: January 14, 2020 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. For more on the litigation process in subrogation cases, listen to our episodes on In-State, Out-of-State, and International Service of Process, Motions for Default Judgment, and Motions for Summary Judgment.

It's a fear or every car owner: your vehicle has been stolen. Now, to make matters worse, it was involved in an accident. As the owner of this vehicle, can you be held responsible for the damages it caused? If you are in a state with a key-in-ignition or similar statute, the answer may be yes.  On this week's episode, Rebecca and Steve discuss how the Key-in -Ignition statutes vary from state to state, and how even owners in states without such a statute can be liable for damages caused when a thief steals their car.   

This week, join us as we revisit our episode on Underinsured Tortfeasors as a refresher! Original Air Date: December 31 ,2019 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 a loss that results in a large amount of damages, dealing with this blend of insured and uninsured in the same tortfeasor requires special handling.  Join Rebecca and Steve as they discuss how these circumstances differ from state to state, and what to watch out for if you want to preserve your claim for excess.

The so-called “Kia Challenge,” popularized by the “KiaBoyz” on TikTok shot to fame on the media platform and led to hundreds of car thefts nationwide, including several reported crashes and fatalities. The viral videos challenged users to steal the vehicles using a USB charging cable. But why were they focused on these particular cars?  Was there something that made these vehicles easier to steal? On this week's podcast, Rebecca and Steve discuss the viral videos and the design aspects that caused much disarray in the automotive field.  They discuss the class action lawsuit that called out this problem, the fixes required by the settlement, and what you should consider if one of these thefts comes across your desk.  

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.