From Out of the Abyss...
This week’s article from the past is titled Investigation of Wildland Fires and was written by George Berdan, Assistant Law Enforcement coordinator – California Division of Forestry. It is taken from June, July, August Vol. IX No. 1 issue of the CCAI newsletter.
Investigation of Wildland Fires
The recall involves the 1,500 watt Patriot Power Generators. The generators were sold in black or dark blue with “Patriot Power Generator” printed on the right side of the unit. The recalled generators have serial numbers U14040001 through U14041092 and U14110001 through U14111092 printed on a sticker in the upper right hand corner of the rear panel of the unit. The generators measure about 18 inches long by 10 inches wide by 12 inches tall.
Details can be found at CPSC
In the Matter of THE COMPLAINT OF WILLIAM and MYO SHEARS, owners of the M/V SHEAR JOY, Washington Registration No. WN6268JC for Exoneration from or Limitation of Liability.
Case No. C14-1296RSM.
United States District Court, W.D. Washington, Seattle.
January 4, 2016.
ORDER GRANTING PETITIONERS' MOTION FOR SUMMARY JUDGMENT.
RICARDO S. MARTINEZ, District Judge.
This admiralty matter comes before the Court on Petitioners' Motion for Summary Judgment. Dkt. #33. Petitioners seek an Order finding that the claimants cannot meet their burden of proving that either negligence or unseaworthiness of the SHEAR JOY caused their damages. Id. Claimants Falvey Yacht Insurance, LLC, and Shelter Bay Marina (hereinafter "claimants") respond that they have evidence demonstrating issues of material fact that preclude summary judgment in favor of the Petitioners. Dkt. #41. Having reviewed the record before it, and having determined that oral argument is not necessary, the Court now GRANTS Plaintiff's motion for the reasons set forth herein.
In National Fire Insurance Company of Hartford a/s/o RX Plus Pharmacy Corp. v. Fair Only Real Estate Corp., Index No., 157143, Judge Nancy M. Bannon of the Supreme Court of the State of New York, New York County, denied defendant’s motion pursuant to CPLR 3126 to dismiss the plaintiff’s claim for damages for injury to plaintiff’s insured’s property and to preclude it from offering evidence in support of its damages claim at the time of trial, based upon the plaintiff’s alleged spoliation of evidence.
Iconic American motorcycle maker Indian Motorcycle has initiated a voluntary recall involving 18,637 bikes over a potential fire hazard caused due to an issue with the ignition system. The recall involves Indian's range-topping motorcycles including the Chief Classic, Dark Horse, Chieftain, Roadmaster, and Chief Vintage, which were manufactured between April 15, 2013, to June 16, 2015. The new Indian Springfield as well as entry-level Scout and Scout Sixty are not part of the recall.
ORDER DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND TO PRECLUDE EXPERT TESTIMONY
THOMAS O. RICE, District Judge.
BEFORE THE COURT is Defendant's Motion for Summary Judgment and to Preclude the Testimony of Plaintiff's Expert Witnesses (ECF No. 27). The motion was heard with oral argument on September 28, 2015. James Jason Marquoit appeared on behalf of Plaintiff State Farm Fire & Casualty Co. ("State Farm"). Christopher G. Betke and William F. Etter appeared on behalf of Defendant Hewlett-Packard Company ("Hewlett-Packard").
Register now for the upcoming CCAI Training Seminar - October 17 - 19, 2016
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When testifying in court as to the manner in which we conducted an interview, defense counsel will often ask us whether we just wanted his client to "confess." We answer that we do not seek confessions but rather truth. After all, no good cop is interested in false information, only truthful information. That is why our motto at Third Degree Communications is "Nothing but the Truth."
One little tidbit we impart on our students to help convey this concept is by reminding them that if obtaining the truth is their ultimate goal, then they should be doing nothing that might prevent them from obtaining the truth. For example, getting angry with a subject who is lying would most likely sever rapport and interfere with accomplishing the goal of obtaining the truth. Raising my voice, insulting him, or speaking to him in a condescending manner are all most likely going to be rapport killers that will stymie my ability to get to a successful and truthful outcome with the subject. If we want to get people to provide us with truthful information, we should avoid doing anything that will interfere with accomplishing this goal.
This actually applies to many areas of our lives if we think about it. Let's say I've made a new year's resolution to avoid gossiping about other people. There are several steps I can and should consider that will help me accomplish this goal, including but not limited to:
In the same manner, if my goal is to obtain truthful information, I must only engage in behavior that's more likely to help me accomplish this goal and to avoid behavior that will interfere:
Getting people to tell the truth means creating an environment that is conducive to helping them cooperate. Obtaining our goal means everything that I say and do is oriented toward achieving that goal. It's a remarkably simple concept, but a critical one to remember throughout the interview.
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