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.
Federal Rule of Evidence 702 and Daubert
Expert opinions are crucial to obtaining a favorable outcome in a case. A party should ensure that the expert’s opinions are reliable under Federal Rule of Evidence 702 and Daubert to avoid any evidentiary issues at trial.
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...
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.
Auto Litigation and Knowing Your Witnesses and Defenses
We occasionally see some misinterpretations of the law or expectations regarding what will happen at trial. We have a few tips you should keep in mind regarding witnesses and defenses.
Reliable Report Sources for Subrogation
“Straight from the horse’s mouth,” is a frequently used phrase to describe obtaining information from a reliable source that is on the best authority.