Wisconsin Direct Action Statute 803.04 Faces a Pivotal Test on Appeal Key Takeaways: A Wisconsin appellate court has certified a major question about the wisconsin direct action statute 803.04 and its interaction with Wis. Stat. § 632.24 to the state Supreme Court. The dispute stems from Finder v. American Heartland Insurance Company, where the court…

How a Single Tow Truck Call Can Put Your Crash on a Federal Radar Key Takeaways: Under NHTSA’s Standing General Order, a tow-away or airbag deployment in a crash involving an automated driving system or Level 2 driver-assist vehicle can obligate the manufacturer or operator to notify federal regulators within five days of receiving notice…

Naming the Insurance Company as a Defendant in a Wisconsin Crash Case Key Takeaways: Wisconsin allows you to sue an insurance company directly after a Madison car accident. Wis. Stat. § 632.24 makes liability insurers directly liable to injured people up to policy limits, even before the at-fault driver’s liability is formally established, and Wis.…

The Jury Instruction That Decides Family Leave Retaliation Cases in California Key Takeaways: CACI No. 2620 instructs California jurors on what employees must prove to win a California Family Rights Act retaliation claim: eligibility for leave, protected activity, an adverse employment action, a substantial motivating reason, harm, and causation. The right stems from Government Code…

When Your Own Insurance Company Asks for Its Money Back After a Crash Key Takeaways: A Nebraska auto insurer can seek repayment of medical payments (MedPay) benefits from a third-party injury settlement. Neb. Rev. Stat. § 44-3,128.01 makes MedPay subrogation provisions valid and enforceable. However, this right depends on policy language, how the statute’s proportional-reduction…

Why the CFRA Retaliation Government Code 12945.2 Presumption Is Reshaping 2026 Employment Cases Key Takeaways: California’s SB 497 created a rebuttable presumption that an employer retaliated when an adverse action follows protected activity within 90 days. This shifts the burden onto the employer to justify its decision with a legitimate, non-retaliatory reason. Retaliation is defined…

Why the Causation Question Decides Most Medical Leave Retaliation Claims Key Takeaways: Most California Family Rights Act retaliation cases hinge on Element 4 of CACI 2620, which asks whether protected leave was a substantial motivating reason for the adverse action. An employee need not prove leave was the sole cause, but a trivial influence is…

When the Other Driver Says a Crash "Just Happened" to Them Key Takeaways: Nebraska drivers often blame a deer, phantom vehicle, or mechanical failure for a crash, but the state’s sudden emergency doctrine is narrow. Under Caves v. Barnes, a driver must prove a real emergency existed, that they did not cause it, and that…

How Wisconsin Direct Action Statute 632.24 Could Shape A Fort Winnebago Crash Claim Key Takeaways: A fatal collision reported near Fort Winnebago in Columbia County has renewed attention on how Wisconsin law treats wrongful death, fault, and insurance. Wisconsin follows a modified comparative negligence rule that can reduce or bar recovery based on a claimant’s…