Truck Accident Litigation

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Publisher : American Bar Association
ISBN 13 : 9781590317600
Total Pages : 550 pages
Book Rating : 4.3/5 (176 download)

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Book Synopsis Truck Accident Litigation by : Laura Ruhl Genson

Download or read book Truck Accident Litigation written by Laura Ruhl Genson and published by American Bar Association. This book was released on 2006 with total page 550 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by industry professionals, engineers, reconstructionists, and litigators experienced in the trucking field, this comprehensive guidebook provides a strong knowledge base of the trucking industry and serves as a how to for handling a commercial motor vehicle case from intake to trial. The book covers: the lawyer's role in a truck accident investigation; data collection, site, vehicle, and electronic evidence; spoliation of evidence; driving situations (weather conditions, hazardous materials, human factors); on-board electronics; tires, wheels and brakes; technology (what exists, how to use it, and admissibility in court); the plaintiff and defense perspectives; changes from the engineering perspective with respect to engine configuration, speed, and more; and the trial.

Structured Settlements and Periodic Payment Judgments

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Publisher : Law Journal Press
ISBN 13 : 9781588520371
Total Pages : 1914 pages
Book Rating : 4.5/5 (23 download)

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Book Synopsis Structured Settlements and Periodic Payment Judgments by : Daniel W. Hindert

Download or read book Structured Settlements and Periodic Payment Judgments written by Daniel W. Hindert and published by Law Journal Press. This book was released on 2023-10-28 with total page 1914 pages. Available in PDF, EPUB and Kindle. Book excerpt: Structured Settlements and Periodic Payment Judgments is a complete reference work for attorneys, settlement planners, and insurance and annuity brokers

Mass Tort Settlement Class Actions

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Publisher :
ISBN 13 :
Total Pages : 116 pages
Book Rating : 4.:/5 (327 download)

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Book Synopsis Mass Tort Settlement Class Actions by : Jay Tidmarsh

Download or read book Mass Tort Settlement Class Actions written by Jay Tidmarsh and published by . This book was released on 1998 with total page 116 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Win Your Case

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Publisher : Macmillan
ISBN 13 : 1429909013
Total Pages : 310 pages
Book Rating : 4.4/5 (299 download)

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Book Synopsis Win Your Case by : Gerry Spence

Download or read book Win Your Case written by Gerry Spence and published by Macmillan. This book was released on 2007-04-01 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: From renowned trial attorney and New York Times bestselling author Gerry Spence: a must own book for every lawyer and business professional seeking to make cutting-edge winning presentations--in court, at work, everywhere, any time. Gerry Spence is perhaps America's most renowned and successful trial lawyer, a man known for his deep convictions and his powerful courtroom presentations when he argues on behalf of ordinary people. Frequently pitted against teams of lawyers thrown against him by major corporate or government interests, he has never lost a criminal case and has not lost a civil jury trial since 1969. In Win Your Case, Spence shares a lifetime of experience teaching you how to win in any arena-the courtroom, the boardroom, the sales call, the salary review, the town council meeting-every venue where a case is to be made against adversaries who oppose the justice you seek. Relying on the successful courtroom methods he has developed over more than half a century, Spence shows both lawyers and laypersons how you can win your cases as he takes you step by step through the elements of a trial-from jury selection, the opening statement, the presentation of witnesses, their cross-examinations, and finally to the closing argument itself. Spence teaches you how to prepare yourselves for these wars. Then he leads you through the new, cutting-edge methods he uses in discovering the story in which you form the evidence into a compelling narrative, discover the point of view of the decision maker, anticipate and answer the counterarguments, and finally conclude the case with a winning final argument. To make a winning presentation, you are taught to prepare the power-person (the jury, the judge, the boss, the customer, the board) to hear your case. You are shown that your emotions, and theirs, are the source of your winning. You learn the power of your own fear, of honesty and caring and, yes, of love. You are instructed on how to role-play through the use of the psychodramatic technique, to both discover and tell the story of the case, and, at last, to pull it all together into the winning final argument. Whether you are presenting your case to a judge, a jury, a boss, a committee, or a customer, Win Your Case is an indispensable guide to success in every walk of life, in and out of the courtroom.

Ohio Dissolution of Marriage

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Publisher : Lawpak Publishers
ISBN 13 : 9781879421059
Total Pages : 0 pages
Book Rating : 4.4/5 (21 download)

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Book Synopsis Ohio Dissolution of Marriage by : LawPak, Inc

Download or read book Ohio Dissolution of Marriage written by LawPak, Inc and published by Lawpak Publishers. This book was released on 1992-04 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal Reference: A guide to understanding the law and accomplishing an Ohio Dissolution of Marriage

Utah Auto Law

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Publisher :
ISBN 13 : 9781422470879
Total Pages : 0 pages
Book Rating : 4.4/5 (78 download)

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Book Synopsis Utah Auto Law by : Randall Bunnell

Download or read book Utah Auto Law written by Randall Bunnell and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

100 Questions & Answers about Mesothelioma

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Publisher : Jones & Bartlett Learning
ISBN 13 : 9780763748395
Total Pages : 164 pages
Book Rating : 4.7/5 (483 download)

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Book Synopsis 100 Questions & Answers about Mesothelioma by : Harvey I. Pass

Download or read book 100 Questions & Answers about Mesothelioma written by Harvey I. Pass and published by Jones & Bartlett Learning. This book was released on 2005 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whether you're a newly diagnosed Mesothelioma patient, a survivor,or a friend or relative of either, this book offers help. The only book to provide the doctor's and patient's views, 100 Questions & Answers About Mesothelioma gives you authoritative, practical answers to your questions about treatment options, post-treatment quality of life, sources of support, legal options, and much more. This outstanding team of authors -- led by a world-class lung disease expert -- provides an invaluable resource for anyone coping with the physical and emotional turmoil of this frightening disease.

Modern Federal Jury Instructions (Criminal Set)

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Publisher :
ISBN 13 : 9780820520841
Total Pages : pages
Book Rating : 4.5/5 (28 download)

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Book Synopsis Modern Federal Jury Instructions (Criminal Set) by : Leonard Sand

Download or read book Modern Federal Jury Instructions (Criminal Set) written by Leonard Sand and published by . This book was released on 2003-01 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Workers' Compensation Subrogation In All 50 States - Fifth Edition

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Author :
Publisher : Juris Publishing, Inc.
ISBN 13 : 1578233631
Total Pages : 1616 pages
Book Rating : 4.5/5 (782 download)

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Book Synopsis Workers' Compensation Subrogation In All 50 States - Fifth Edition by : Gary L. Wickert

Download or read book Workers' Compensation Subrogation In All 50 States - Fifth Edition written by Gary L. Wickert and published by Juris Publishing, Inc.. This book was released on 2012-04-01 with total page 1616 pages. Available in PDF, EPUB and Kindle. Book excerpt: Workers' compensation subrogation continues to change and adapt, as trial lawyers prod its weak points and capitalize on confusing areas of the law. There have been numerous changes in workers' compensation statutes and case law in many states since the last edition. This edition includes an exhausting survey and detailed explanation of the crazy status of employer contribution in Illinois, which includes a step-by-step exposition of how contractual indemnity and the "Kotecki cap" play a role in expanded employer liability in Illinois workers' compensation subrogation cases. It covers the many nuances of Naig and Reverse-Naig settlements under Minnesota law, including an analysis of who has what burdens of proof and the effect such a settlement has on the remaining third-party case tried to a jury. In light of the landmark Missouri Court of Appeals decision in Robinson v. Hooker, the liability of co-employees in Missouri and surrounding states have been covered in greater detail. The concept of co-employee liability for acts which are intentional or committed outside of the course and scope of employment has been added in several states. New case law and explanations were added to the Texas chapter with regard to subrogating against UM/UIM policies, including arguments with regard to the efficacy of UM/UIM exclusionary policy language and the ability to subrogate against a UM/UIM policy actually issued by the same carrier insuring for workers' compensation coverage. West Virginia completely revised their subrogation statute and created a new statute relating to the "statutory employer" status of primary contractors and subcontractors on construction sites, limiting when and how primary contractors can become legitimate third parties for purposes of subrogation. Chapter 7, "Contractual Limitations to Subrogation" has been completely overhauled to include new statutes and case law for every state to assist practitioners in determining the law applicable when there is an alleged applicable waiver of subrogation which might otherwise destroy subrogation. A new Chapter 12 has been added, which focuses on jurisdiction of workers' compensation third-party actions taking a broad look at 28 U.S.C. § 1441, which prohibits removal of cases "arising under" state workers' compensation laws. A carrier now has the ability to prevent cases from being removed from favorable venues in state court to less favorable federal court venues - an attractive option for plaintiffs' attorneys with whom subrogated carriers can negotiate with for stipulations and concessions on their subrogation interests in exchange for maintaining a case in state court. This edition also expands on which states do and do not hold workers' compensation to be primary. Combined with more than 100 new case decisions, this Fifth Edition is the most complete and up-to-date edition yet. Workers' Compensation Subrogation is the most complete and thorough treatise covering workers' compensation subrogation ever published. There are very few areas in which the laws of each state vary more and are applied as differently, then in the area of workers' compensation subrogation. This book is intended to introduce the workers' compensation claims handler, in-house counsel, and subrogation professionals to some of the more esoteric and complex subrogation issues encountered in today's workers' compensation insurance subrogation marketplace. It covers the following issues in all 50 states: • Allocating Third Party Recoveries • Attorney's Fees • Borrowed Servant Doctrine • Conversion of Workers' Compensation Liens • Costs and Expenses • Dual Capacity Doctrine • Equitable Subrogation/Contribution • Exclusivity Rule Barring Action Against Employer • How To Calculate Your Credit/Advance and How It Is Applied In Each State • Intentional Acts • Joint Ventures • Made Whole Doctrine As Applied To Workers' Compensation Subrogation • Necessity of Intervention • Lien Reduction Statutes • Staff Leasing Services and Temporary Employment Agencies • Statutory Subrogation Rights • Subrogating Against UM/UIM Benefits • Subrogating In Medical Malpractice Cases • Subrogating In Legal Malpractice Cases • Waivers of Subrogation • Who Qualifies As A Third Party • Other Workers' Compensation Subrogation-Related Issues In addition to being an excellent primer on workers' compensation subrogation, suitable for both the new subrogation professional and the seasoned veteran, the book also contains a detailed synopsis of the workers' compensation subrogation laws in each of the 50 states. It is a must for anyone with multi-state subrogation responsibilities. Complete with diagrams, references and thousands of footnotes, this is the most ambitious workers' compensation subrogation project ever undertaken. The following issues and topics are covered in detail for each of the 50 states: Statutory Subrogation Rights • Identifies the statutory authority for workers' compensation subrogation in that state. • Discusses the purpose/legislative intent of the statute. • Is an election necessary by the worker? • Who can bring a third party action (plaintiff, carrier, employer, or all of the above)? • When and must a third party action be brought? • What are the rights of a carrier to intervene in an existing third party action filed by a worker? • Will a worker's compensation carrier's subrogation interest be barred if not brought timely? Third Parties • Who can be sued as third parties in a third party action? • Can a co-employee be sued and under what circumstances? • Can an uninsured/underinsured carrier be a "third party" under the laws of that state? • Is there a dual capacity or borrowed servant doctrine which somehow affects the ability of a worker's compensation carrier to effectively subrogate? • What is the state's workers' compensation bar? • Are there any specific restrictions regarding subrogation against a subcontractor or an employee of a subcontractor in a construction situation? • Under what circumstances can the employer be sued? • Can a carrier subrogate to the benefits of a recovery in a legal or medical malpractice action? Allocation of Third Party Recovery • How and when does the carrier recover its subrogated interest? • Does the carrier recover past benefits only or also the present value of future benefits which it owes under the Workers' Compensation Act of that state? • Is there a formula used to determine how a third party recovery is allocated? • What happens to the total recovery and how is it applied? • Can a carrier recover benefits paid by a third party or recovered in a third party action which relate to loss of consortium, or non-economic damages such as pain and suffering, mental anguish, or punitive damages? • Does the employer's negligence reduce the recovery by the worker or carrier? Attorneys' Fees/Costs • Can the plaintiff's attorney recover attorneys' fees and/or costs out of the carrier's subrogated recovery and under what circumstances? • How are attorneys' fees and costs handled if the carrier is also represented by subrogation counsel, intervenes into the third party action and actively represents its interest? • What if the carrier isn't represented? • Can a plaintiff's attorney recover attorneys' fees based on the value of past benefits only or will he be able to recover attorneys' fees based on the future benefits/credit recovered by the carrier? • Must a carrier bear its proportionate share of expenses as many states require, and what does that really mean? Credit/Advance • Can a carrier take a vacation from paying workers' compensation benefits once a worker makes a third party recovery? • How is the credit calculated under state law? • Does the carrier have to do anything special to obtain the credit, such as filing with the Workers' Compensation Commission? • Does the carrier get a credit toward future compensation benefits it owes or does it actually get to collect the present value of the future benefits it owes and still be obligated to pay the scheduled benefits in the future? Statutes of Limitation • What are the applicable statutes of limitation or statutes of repose that may be applicable to third party subrogation actions? Related Subrogation Issues • Are there any other issues or statutes which affect a worker's compensation carrier's right of subrogation, such as the made whole doctrine, common fund doctrine, or anti-subrogation statutes? • Are there any lien reduction statutes, such as those existing in Indiana, which affect a worker's compensation carrier's right of recovery? • Does the state have any no-fault laws which complicate workers' compensation subrogation involving an automobile accident, such as exist in Michigan and Colorado? • What are the carrier's options if the worker and his attorney simply refuse to repay a worker's compensation carrier's lien after settling a third party action? • If the worker fails to repay the carrier, is there a cause of action for conversion of a carrier's subrogation interest or may the carrier still proceed against the third party tortfeasor to recover its subrogation interest?

Helicopter Crash Litigation, Second Edition

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Author :
Publisher : Lawyers & Judges Publishing
ISBN 13 : 9781936360499
Total Pages : pages
Book Rating : 4.3/5 (64 download)

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Book Synopsis Helicopter Crash Litigation, Second Edition by : Gary C. Robb

Download or read book Helicopter Crash Litigation, Second Edition written by Gary C. Robb and published by Lawyers & Judges Publishing. This book was released on 2015-07-28 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Helicopter Crash Litigation, Second Edition is, simply put, an essential volume for any lawyer litigating a helicopter crash case. No other book is devoted exclusively to the representation of plaintiffs in helicopter crash cases. These unique cases require a different approach and techniques, which you will learn from accomplished trial lawyer Gary Robb, who has used these same techniques in a brilliant career as a trial lawyer. This indispensable text travels through the different knowledge and skill sets critical in the successful handling of these cases, ranging from the basic elements of helicopter structure and flight, through the preliminary factual investigation, filing the case, discovery, common defenses, damages and trial. Real helicopter case examples are utilized throughout so as to give context to the suggestions and techniques discussed. The author also recommends safety improvements within the helicopter industry for preventing these accidents in the future.

Exposure

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Publisher : Atria Books
ISBN 13 : 1501172824
Total Pages : 400 pages
Book Rating : 4.5/5 (11 download)

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Book Synopsis Exposure by : Robert Bilott

Download or read book Exposure written by Robert Bilott and published by Atria Books. This book was released on 2020-07-14 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: “For Erin Brockovich fans, a David vs. Goliath tale with a twist” (The New York Times Book Review)—the incredible true story of the lawyer who spent two decades building a case against DuPont for its use of the hazardous chemical PFOA, uncovering the worst case of environmental contamination in history—affecting virtually every person on the planet—and the conspiracy that kept it a secret for sixty years. The story that inspired Dark Waters, the major motion picture from Focus Features starring Mark Ruffalo and Anne Hathaway, directed by Todd Haynes. 1998: Rob Bilott is a young lawyer specializing in helping big corporations stay on the right side of environmental laws and regulations. Then he gets a phone call from a West Virginia farmer named Earl Tennant, who is convinced the creek on his property is being poisoned by runoff from a neighboring DuPont landfill, causing his cattle and the surrounding wildlife to die in hideous ways. Earl hasn’t even been able to get a water sample tested by any state or federal regulatory agency or find a local lawyer willing to take the case. As soon as they hear the name DuPont—the area’s largest employer—they shut him down. Once Rob sees the thick, foamy water that bubbles into the creek, the gruesome effects it seems to have on livestock, and the disturbing frequency of cancer and other health problems in the area, he’s persuaded to fight against the type of corporation his firm routinely represents. After intense legal wrangling, Rob ultimately gains access to hundreds of thousands of pages of DuPont documents, some of them fifty years old, that reveal the company has been holding onto decades of studies proving the harmful effects of a chemical called PFOA, used in making Teflon. PFOA is often called a “forever chemical,” because once in the environment, it does not break down or degrade for millions of years, contaminating the planet forever. The case of one farmer soon spawns a class action suit on behalf of seventy thousand residents—and the shocking realization that virtually every person on the planet has been exposed to PFOA and carries the chemical in his or her blood. What emerges is a riveting legal drama “in the grand tradition of Jonathan Harr’s A Civil Action” (Booklist, starred review) about malice and manipulation, the failings of environmental regulation; and one lawyer’s twenty-year struggle to expose the truth about this previously unknown—and still unregulated—chemical that we all have inside us.

Tort Cases in Large Counties

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Publisher :
ISBN 13 :
Total Pages : 12 pages
Book Rating : 4.3/5 ( download)

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Book Synopsis Tort Cases in Large Counties by :

Download or read book Tort Cases in Large Counties written by and published by . This book was released on 1995 with total page 12 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Zen Lawyer

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Publisher :
ISBN 13 : 9781941007631
Total Pages : pages
Book Rating : 4.0/5 (76 download)

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Book Synopsis The Zen Lawyer by : Michael Leizerman

Download or read book The Zen Lawyer written by Michael Leizerman and published by . This book was released on 2017-05-14 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

California Paralegal Manual

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Publisher :
ISBN 13 : 9780314677419
Total Pages : pages
Book Rating : 4.6/5 (774 download)

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Book Synopsis California Paralegal Manual by :

Download or read book California Paralegal Manual written by and published by . This book was released on 2014 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Police Civil Liability

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Publisher :
ISBN 13 : 9780820513096
Total Pages : pages
Book Rating : 4.5/5 (13 download)

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Book Synopsis Police Civil Liability by : Isidore Silver

Download or read book Police Civil Liability written by Isidore Silver and published by . This book was released on 1986 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

What's it Worth?

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Publisher :
ISBN 13 : 9781522198109
Total Pages : pages
Book Rating : 4.1/5 (981 download)

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Book Synopsis What's it Worth? by : Eileen Swarbrick

Download or read book What's it Worth? written by Eileen Swarbrick and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Starting and Growing a Law Practice Without Breaking the Bank

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Publisher :
ISBN 13 : 9781099523304
Total Pages : 214 pages
Book Rating : 4.5/5 (233 download)

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Book Synopsis Starting and Growing a Law Practice Without Breaking the Bank by : Emmanuel Olawale

Download or read book Starting and Growing a Law Practice Without Breaking the Bank written by Emmanuel Olawale and published by . This book was released on 2020-02-03 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is for lawyers, newly licensed or experienced lawyers who are considering starting and running their own law firms, but with little or no start up capital. It is also for law firms that want to grow their practice without spending a lot of money. This book offers practical, tested methods of starting and growing a law practice using resources readily available to the lawyer with no cost or at very reasonable prices. It offers insights into how the author started his practice with an initial capital of less than $500 and how he used free and cheap resources to grow the practice to one that can boast of having obtained over $10 million in settlements and verdicts in ten years as well as other professional achievements.