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Seat Belt Defense: Using Tangible Evidence to Prove Your Subrogation Damages

On Subrogation

Release Date: 12/17/2019

Gree Dehumidifier Guilty Plea show art 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 show art 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? show art 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) show art 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 show art 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 show art 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 show art 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...

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Refresh: Liability and the Online Marketplace: Taking on the World’s Most Valuable Retail Company show art Refresh: Liability and the Online Marketplace: Taking on the World’s Most Valuable Retail Company

On Subrogation

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  and  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...

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Aw, Rats! Are Soy-Based Wire Coatings a Defect in Cars? show art Aw, Rats! Are Soy-Based Wire Coatings a Defect in Cars?

On Subrogation

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 and as they discuss the cases that are currently being litigated around these issues, and how the Magnuson Moss Warranty Act can provide...

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Refresh:  SCRA: Legal Protections for Military Personnel show art Refresh: SCRA: Legal Protections for Military Personnel

On Subrogation

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. ...

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More Episodes

You’ve probably heard this before: “Wait!  You can’t sue for your insured’s medical damages.  She wasn’t wearing a seat belt and that’s against the law!” All but one U.S. state have laws requiring occupants of motor vehicles to wear seat belts, and at least 15 of them recognize the seat belt defense.  In this episode, Rebecca sits down with Michael Markushewski, Chief Technical Officer at ARCCA, to talk about how you can use more than your insured’s statements to respond to this defense, what kinds of seat belts actually provide protection and in what types of collisions, and how this kind of research arose out of helicopter ejection seats and professional hockey players.

Want to see more?  Head to our YouTube channel for a video on Seat Belts and Subro: How Vehicle Restraints Affect Damages.

The post Seat Belt Defense: Using Tangible Evidence to Prove Your Subrogation Damages appeared first on Rathbone Group, LLC.