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...
A Workers’ Compensation Dilemma
What happens when a worker injured in a third-party settles a personal injury claim with a liability insurer before receiving BWC benefits? Third-party liability insurers making payments for injuries and damages from an on-the-job accident must provide prompt notice of its subrogation interests to the Ohio BWC.
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.
Illinois Animal Liability
The Illinois Animal Control Act supplements the general common law rule and eliminates the requirement that the owner of the animal in question has prior knowledge of the vicious or dangerous propensities of the animal.
Using Circumstantial Evidence to Prove a Product Defect
A claimant should keep in mind that it may have a product liability case even when damage to the product is too severe for the claimant to be able to pinpoint a specific defect within the product. Claimants can present circumstantial evidence to establish that a product was defective.
Statutes That May Make or Break Your Product Liability Claim
There are two important statutes that may make or break a product liability claim: (i) statute of limitations; and (ii) statute of repose.
When Can a Parent or Guardian Be Liable for the Actions of Their Children
Parental responsibility for the actions of minors is a sticky issue. However, in certain scenarios, parents or guardians can be held liable for damage(s) caused by the actions of minors. The two most common scenarios where this issue comes up are auto accidents and vandalism claims.
Navigating the Illinois Economic Loss Doctrine
The Illinois Economic Loss Doctrine, or the Moorman Doctrine as it is known in Illinois, can be a roadblock to recovery. Before you close your file, take a closer look, armed with exceptions that may help you navigate your way to the other side.
Another Means to Serve the Hidden Defendant
If you are pursuing a claim against a motor vehicle owner or operator, and have attempted to serve the defendant using a commercial carrier, certified U.S. mail, or regular mail to his or her last known residential address, but have not been successful, you may be able to perfect service...
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.