Go to main navigation
55 Public Square, Suite 800, Cleveland, Ohio 44113
216-241-4100 216-241-4100

Category Archives: Defense

Subrogation Recovery Following a Natural Disaster

When property damage or other injuries occur in the context of an Act of God, an insurer should not conclude that subrogation is not possible due to the Act of God defense. Although the Act of God may be a large contributing factor to a particular injury or damage claim, there is potential for subrogation against a party whose human factor contributed to the damages sustained. In reality, subrogation in the context of an Act of God is not different from subrogation in the context of any property damage or injury claim.

Federal Rule of Evidence 702 and Daubert

One cornerstone of the admissibility of expert testimony is whether it is reliable. A challenge to the admissibility of expert testimony is generally known as a Daubert challenge, after a United States Supreme Court case that set forth factors for a court to consider in determining whether an expert’s testimony is reliable. See Daubert v…. Read More »

Introduction to the Act of God Defense

Perhaps no legal cause of action is more frequently applied or universal than one sounding in negligence. We bring it when another driver damages our vehicles, when our buildings are damaged from faulty construction, and when a medical procedure leaves a patient worse off than before. While some negligence actions may be held to a… Read More »

Knowing Your Witnesses and Defenses

In reviewing files sent to us, we see some misinterpretations of the law or expectations regarding what will happen at trial. As a result, we included a few tips you should keep in mind regarding witnesses and defenses. Knowing Your Witnesses Just because a person is riding in the car with the other driver, doesn’t… Read More »

Assumption of the Risk Defense in ATV Cases

Assumption of the risk is a common defense by recreation providers to negligence lawsuits involving all-terrain vehicles (ATV) where the rider is willingly taking a chance in a potentially dangerous situation. This defense relieves the recreation provider from any duty to eliminate risks the rider may experience in ATV riding because such risks cannot be… Read More »