Understanding Nebraska Survival Action 25-1401 After A Fatal Polk County Wreck Key Takeaways: A July 2026 truck-ATV collision near Osceola has renewed important questions about how Nebraska distinguishes survival claims from wrongful death claims. A survival action continues the decedent’s own cause of action for pre-death injuries, while a wrongful death claim addresses the family’s…

When a Trusted Therapist Crosses the Line: Wisconsin’s Civil Remedy for Patients Key Takeaways: Wisconsin’s sexual exploitation by a therapist civil claim, codified at Wis. Stat. § 895.441 (formerly § 895.70), lets patients sue therapists directly for damages when sexual contact occurs during the therapeutic relationship, independent of criminal prosecution under Wis. Stat. § 940.22.…

The Federal Rule That Turns Your Vehicle Into a Witness Key Takeaways: 49 CFR Part 563 is the federal regulation governing event data recorders (EDRs), or "black boxes," in passenger vehicles, setting uniform national requirements for how crash data is collected, stored, and retrieved. It standardizes data elements, formats, crash survivability, owner’s manual disclosure, and…

Understanding How Part-Time Schedules Change Your Pregnancy Leave Math Key Takeaways: California’s pregnancy disability leave provides eligible employees up to four months, measured by 2 CCR § 11042 in days or hours actually worked, 693 hours for a 40-hour-per-week employee based on 17 1/3 weeks. Part-time schedules are prorated proportionally: a 20-hour-per-week employee receives 346.5…

What Happens When Protected Leave Runs Out in California Key Takeaways: Firing an employee immediately after 12 weeks of CFRA leave is often unlawful because Government Code § 12945.2 and 2 CCR § 11089(a)(2) impose a mandatory duty to reinstate the employee to the same or comparable position unless a specific statutory defense applies. CFRA…

The Causation Question That Decides Most California Retaliation Trials Key Takeaways: Under CACI 2620, the pattern instruction for CFRA retaliation, a plaintiff must prove that requesting or taking CFRA leave was a "substantial motivating reason" for the adverse action, meaning more than trivial or remote and actually contributing in a meaningful way, though not necessarily…

When Your Insurer Wants Its Money Back Before You Are Fully Compensated Key Takeaways: Proving you were not made whole after a Nebraska crash requires documented arithmetic: total damages versus actual net recovery. Build a complete damages picture including past and future medical care, lost wages and earning capacity, property losses, and non-economic harm. Account…

When a Medical Leave Request Ends a Long Career: Understanding California’s CFRA Retaliation Standard Key Takeaways: CACI 2620 translates the anti-retaliation provisions of Cal. Gov. Code § 12945.2 into jury findings required in California Family Rights Act retaliation cases. A Redondo Beach worker must generally prove: a covered employer (five or more employees since 2021),…

Understanding Your Options After a Fatal Job Site Accident in Dane County Key Takeaways: Yes, Madison families can often pursue a third-party claim after a workplace death, because Wis. Stat. § 102.29(1) preserves the right to bring a tort action against a non-employer party even when workers’ compensation benefits are claimed. Potential third parties include…

Pregnancy Work Restrictions and Your Right to a Safer Job in California Key Takeaways: A less strenuous position transfer under California Government Code § 12945 is a statutory right allowing pregnant employees to temporarily move into less physically demanding or less hazardous roles during pregnancy. Under § 12945(a)(3)(C), covered employers must grant such transfers when…