| The Collateral Source Rule |
| The "collateral source rule" is a legal rule that prevents a defendant from introducing evidence that a plaintiff has received payment from a third party. For example, a plaintiff is injured in an automobile accident with a defendant. More... |
| Federal Laws Regarding Recreational boating accident |
| Federal law will apply to a recreational boating accident when a lawsuit is brought in a federal district court based upon the federal court's admiralty or diversity of citizenship jurisdiction. A federal court's admiralty jurisdiction exists when the accident occurred on the high seas or on navigable waters. The high seas are waters that are within the jurisdiction of another country. Navigable waters are waters that are used in interstate or foreign commerce. Diversity of citizenship jurisdiction exists when the parties to the lawsuit are from different states. More... |
| Fraud Requires a Misrepresented "Fact" |
| Liability for fraud exists when six elements are proven: (1) knowing, recklessly, or without reasonable grounds, (2) making a material misrepresentation (3) to deceive another (4) who reasonably relies on the misrepresentation (5) causing that person (6) actual damages. This article discusses the second element, making a material misrepresentation. Liability for fraud requires the making of a false representation of a material fact.More... |
| Mitigation of Damages |
| Mitigation of damages is sometimes referred to as the doctrine of avoidable consequences. The doctrine requires a plaintiff who is injured by a defendant to take steps to minimize his damages. It applies after the defendant commits the tort but at a time when the plaintiff still has an opportunity to avoid at least part of the consequences.More... |
| Tort Action for Sale of Habit-Forming Drug to a Minor Child |
| A person who unlawfully sells or supplies a habit-forming drug to a minor child may be liable to the child's parent for damages. The person is liable to the parent if the parent incurred a loss of the child's services or if the parent incurred medical expenses on behalf of the child as a result of the sale of the habit-forming drug. More... |
James M. Sims Attorney at Law
