On Subrogation

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.

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.)

The post Liability and the Online Marketplace: Taking on the World’s Most Valuable Retail Company appeared first on Rathbone Group, LLC.

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.

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.

The post Service of Process: Out-of-State (Long Arm Statutes) appeared first on Rathbone Group, LLC.

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.

The post Service of Process: In-State appeared first on Rathbone Group, LLC.

The Graves Amendment was part of a 2005 federal highway bill, and though it is new, it has serious implications for subrogation claims involving rental leasing companies.  Listen to Rebecca Wright and special guest, Jennie Smith-Howard, as they discuss how the Graves Amendment protects rental car companies from certain claims, and what subrogation claims can still be asserted against such companies.

The post Graves Amendment appeared first on Rathbone Group, LLC.

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 post MCS-90 appeared first on Rathbone Group, LLC.

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.

The post Carmack Amendment appeared first on Rathbone Group, LLC.

The Statute of Frauds may sound like a relic of the English Common Law of centuries past, but it is very much alive in the Uniform Commercial Code and state statutes around the country.  Understanding the Statute of Frauds and its requirements to put certain agreements in writing can mean the difference between an enforceable payment plan, and an unenforceable promise.  Join Rebecca and Steve as they discuss the Statute of Frauds, and the different ways that it has been interpreted from state to state.

The post Statute of Frauds: Why You Should Get Your Payment Plans in Writing appeared first on Rathbone Group, LLC.

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: [email protected]

Thank you for your service

The post SCRA: Legal Protections for Military Personnel appeared first on Rathbone Group, LLC.