evidence News

N.J. Court Prohibits Lawyer from Asking Client at Trial if Vehicle Totaled

A New Jersey Superior Court judge recently issued a written ruling, holding that, as a matter of first impression, it was inappropriate for a lawyer to question his client during trial as to whether his vehicle was “totaled” as a …

Evidence Issue for Woman Suing Over North Dakota Protest Injury

A New York City woman who suffered a severe arm injury while protesting the Dakota Access oil pipeline in North Dakota two years ago is suing law enforcement even though she does not yet have evidence that might help her …

Only You Can Help Prevent Preservation Issues

An insured’s response following an incident often greatly impacts the litigation should a claim or lawsuit arise. Claims professionals and defense attorneys rely on the insured to take proper precautions post-incident and conduct an investigation, complete accident reports, take photographs …

Gathering Pebbles: Subrogation’s Burden of Proof

The recent New York Supreme Court decision of American International Ins. Co. v. A. Steinman Plumbing & Heating Corp., 2012 WL 952782 (N.Y. App. 2012) and an ancient parable wouldn’t seem to have a lot in common. But, they do. …

Alaska Governor Signs Bill to Help Crime Victims Recover Property

Alaska governor Sean Parnell has signed into law a bill intended to help crime victims recover property that was confiscated and held as evidence. SB30, which passed the Senate and House unanimously, is aimed at speeding the return of property, …

Mock Adjuster Deposition Highlights Commonly Asked Questions

“Evidence is anything that a juror wants it to be,” according to Franklin D. Patterson, a Colorado-based trial attorney. Everything that is going on in that court room is part of the evidence, he said. While evidence can be everything …

New Science Being Used to Fight Arson Convictions

Two decades ago, Michael Webb’s 3-year-old son died in a fire that investigators say Webb set in a scheme to kill his family, collect the insurance and start a new life with his mistress. Webb, now on Ohio’s death row …

BP Says Halliburton Destroyed Gulf Spill Evidence

BP Plc accused Halliburton Co of destroying evidence that the oilfield services company did inadequate cement work on the Gulf of Mexico oil well that blew out last year, and asked a federal judge to punish Halliburton. The accusation, in …

How to Build a Convincing Property Arbitration Case

Persuasive writing skills coupled with a well-rounded investigation and evaluation of the claim are the basic tenets in preparing a convincing property arbitration case, according to attorney Jonathan Barger, an associate in SmithAmundsen’s Insurance Services Group. During a session at …