Refresh: Excess Baggage: Dealing with Underinsured Tortfeasors
On Subrogation
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...
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TikTok’s Kia Boyz and the Viral Rise in Car Thefts
On Subrogation
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, and discuss the viral videos and the design aspects that caused much disarray in the automotive field. They discuss the class action lawsuit that...
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Refresh: Motions for Summary Judgment
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 and discuss when a Motion for Summary Judgment is appropriate, and what you need to do to be successful in it.
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Gree Dehumidifier Guilty Plea
On Subrogation
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, and will guide you through the...
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Refresh: Motions for Default Judgment
On Subrogation
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 and 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 appeared first on .
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Dashcam Videos: The Reliable Witness?
On Subrogation
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, is joined by special guest, Daran P. Kiefer, Partner at 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.
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Refresh: Service of Process: International Defendants (Hague Convention)
On Subrogation
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, and 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...
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Ice Missiles: Liability for Ice and Snow Flying Off of Vehicles
On Subrogation
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, and 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!
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Refresh: Service of Process: Out-of-State
On Subrogation
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, and 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...
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Proving Liability in an Online Marketplace: Part 2
On Subrogation
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, and discuss the continued evolution of the liability of online retailers. We also encourage you to listen to our 2019 episode, , which was refreshed as our previous episode, in which Steve and Rebecca discuss the history of these...
info_outlineDo you have to turn over your client’s entire claim file in the discovery process? NO! Or at least, usually not. Join Rebecca and Steve as they discuss what can and cannot be protected via privilege, what probably has to go, and what you may want to disclose from the claim file to reach the best result in your subrogation case.
The post Protecting the Claim File appeared first on Rathbone Group, LLC.