Civil Remedies Transportation Insurance

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Carrier's Website Does Not Limit Liability Under Carmack Amendment

A recent decision in District Court in New Jersey may interest insurers subrogating transportation claims. In particular, it sets forth the legal argument to challenge target-carriers’ arguments about purported limitations of...more

5 Steps to Take Immediately After a Car Accident

Car accidents are devastating. Many victims are disorientated after an auto accident. In most cases, there is noticeable damage to the vehicles involved. Sadly, there may also be serious or fatal injuries to those...more

Atkins v. SMART

Michigan Supreme Court Overturns Court of Appeals and Rules Claims Against Public Transportation Authority Were Barred by...

I argued this case for SMART in the Supreme Court on March 7th, 2012 on my application for leave to appeal. Rather than grant, the Court issued an opinion in favor of SMART, reversing the Court of Appeals decision, which I...more

6 Reasons to Hire Personal Counsel

Many small to medium-sized business purchase commercial general liability insurance or some other type of business insurance to protect the business against claims or lawsuits. In exchange for premium payments by the...more

NJ Supreme Court Rules Person Convicted of DWI can Sue Bar for Own Personal Injuries

As previously reported, the Appellate Division ruled that a drunk driver who is involved in an accident can sue a tavern, which allegedly over-served him, for personal injuries. At issue in this case is a provision of the...more

Weekly Law Resume - May 5, 2011: Interstate Transport - Carmack Amendment In Absence Of Declared Value, Carrier Liability for Lost...

Pacific Indemnity Company v. Pickens Kane Moving & Storage Ninth Circuit Court of Appeals (April 20, 2011) The Carmack Amendment, 49 U.S.C. § 14706, regulates the liability of shippers and carriers for household goods...more

What Does That Sign Say? No Coverage for Defective Street Signs

U.S. District Court for the Western District of Texas In Admiral Ins. Co. v. H&W Indus. Services, Inc., 2011 WL 318277 (W.D. Tex. February 1, 2011), the U.S. District Court for the Western District of Texas held that a...more

Kryzanoski v Kaule

Michigan Court of Appeals Applies McCormick v Carrier Retroactively to "Serious Impairment" Claims

In this decision (attached) and another one, Casey v Stachlewitz, Unpublished Decision of the Michigan Court of Appeals, February 22, 2011 (Docket No.295835), the Michigan Court of Appeals has applied the Michigan Supreme...more

Court of Appeal clarifies issues relating to Marine Insurance, Piracy, and the treatment of Ransom Payments as a matter of English...

Masefield AG v Amlin Corporate Member Ltd [2011] EWCA 24 The Facts The vessel "BUNGA MELATI DUA" was captured in the Gulf of Aden by Somali pirates, while carrying cargo belonging to the Claimant. Negotiations for the...more

DC Metro is Suing its Insurance Company

The Washington Metropolitan Area Transit Authority is suing insurer Aon Risk Services, alleging that the company failed in their fiduciary duty in informing the agency of the full spectrum of possible liability, causing the...more

RS Shipping Bulletin - January 13, 2011

Covered In This Issue 1 ARBITRATION . . .3 1 . 1 HIGH COURT CONSIDERS THE STANDARD OF PROOF REQUIRED IN AN APPLICATION TO APPOINT AN ARBITRATOR UNDER SECTION 18 ARBITRATION ACT 1996 . . .3 1 . 2 BY ENDORSING A COA AS...more

RS Shipping Bulletin - October 2010

In This Issue: 1 COSTS...2 1.1 COURT CONFIRMS ITS JURISDICTION TO HEAR APPLICATION FOR AN ORDER THAT THERE BE NO ORDER AS TO COSTS FOLLOWING DISCONTINUATION OF ACTION ...2 2 DAMAGES ...4 2.1 HIGH COURT...more

Nuculovic v SMART et al.

Court of Appeals Upholds Application of Statutory Notice Provision Barring Claim Against Governmental Entity

Nuculovic v. Johnny Dean Hill and SMART Bus, Inc., 287 Mich App 58; 783 NW2d 124 (2010). Representing defendant, the Suburban Mobility Authority for Regional Transport (SMART) and its driver, Mr. Tucker prepared a brief in an...more

Handle with Care: Protecting Your Belongings in a Move

No one would deny that moving is a very stressful time in life. Pulling up roots and trying to set up again in a new place is never easy. So imagine how much worse it can be if your movers are responsible for substantial...more

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