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Refresh: Sudden Emergency

On Subrogation

Release Date: 06/30/2023

Is There Really a Last Clear Chance? show art Is There Really a Last Clear Chance?

On Subrogation

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, and take some time to explain the elements...

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Refresh: Relief from Judgment- When a Judgment is not a Judgment show art Refresh: Relief from Judgment- When a Judgment is not a Judgment

On Subrogation

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  and  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...

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Owner Liability for Stolen Vehicles show art Owner Liability for Stolen Vehicles

On Subrogation

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,  and  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.   

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Refresh: Excess Baggage: Dealing with Underinsured Tortfeasors show art 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 show art 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 show art 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 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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More Episodes

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.