The Illinois Dead Man’s Act strongly constricts the ability of a Plaintiff to present evidence in cases in which the Defendant is deceased. As with any good rule based in old English common law, it comes with its own lyrical phrase: since a decedent’s lips are sealed by death, a...
Ohio Rules of Civil Procedure
Ohio Rules of Civil Procedure determine the rules that should be followed by Ohio state courts in civil actions. The purpose of the Civil Rule is to eliminate delay and ensure prompt administration of justice.
Suspend the Driver’s License of the Uninsured Motorist
In Ohio, an insured driver, vehicle owner, or insurance company representative involved in a car accident with an uninsured driver may submit Crash Report Form 3303 to the Ohio BMV to request suspension of the uninsured driver’s license.
SR-22 Endorsements
Automobile insurance policies always list an automobile and a person. They also always contain a section that defines who is an insured under the policy. Policies always have a clause that defines others operating the auto with permission as insureds too. Therefore, in that instance the insurance coverage follows the...
Federal Tort Claims Act
The Federal Tort Claims Act, 28 U.S.C. 2671-2680, provides an avenue for a plaintiff to recover against the United States government for property damage, personal injuries, or death caused by the negligence or wrongful act or omission of federal employees.
National Fire Protection Association and NFPA 921
For the first time in 1992, nearly 100 years after its inception, the NFPA published its “Guide for Fire and Explosion Investigations” under NFPA 921. This publication established guidelines and recommendations for the safe and systematic investigation or analysis of fire and explosion incidents. As such, NFPA 921 provides standards...
Indiana Claims Against Governmental Entities
We receive many cases involving claims against governmental entities. In Indiana, it is permissible to sue a governmental entity in a subrogation matter, but the subrogated carrier must meet certain requirements. This post is intended to give you information about how to comply with the statute that sets forth the...
The Economic Loss Rule
Economic Loss Rule The Economic Loss Rule is a doctrine that prohibits recovery for an economic loss resulting from a wrongful act or an infringement of a right, when unaccompanied by physical property damage or personal injury. Instead, only parties to the contract or contractual beneficiaries may recover economic losses....
Illinois Tort Immunity
Suits against "local public entities,” including counties, townships, municipalities, municipal corporations, school districts, park districts, fire protection districts, and sanitary districts, fall under the purview of the Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/1- 101.
When does the PUCO have jurisdiction over a claim
In Ohio, as in most states, public utilities have significant influence and power. One way in which the utility exercises that power is to try to move a case in litigation to a more utility-friendly venue, the Public Utilities Commission of Ohio (PUCO). Ohio Revised Code 4905.26 vests the PUCO...