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December 2013 Archives

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Peterson, Berk & Cross will be closed at noon on December 31, 2013 and all day on January 1, 2014. The firm will reopen on Thursday, January 2, 2014. Our normal business hours are Monday through Friday, from 8:00 a.m. until 5:00 p.m.

Widower of murdered woman waited too long to sue killer

On Dec. 19, a Court of Appeals decided that a Wisconsin man waited too long to file a wrongful death suit against his wife's convicted killer. The statute of limitations specifies that wrongful death lawsuits must be filed within two years of the date when the identity of a murderer has been established within a reasonable probability. That date is up for debate in this case.

NHTSA announce plan to improve safety for elderly drivers

Wisconsin drivers may be interested to learn that the National Highway Traffic Safety Administration, or NHTSA, announced on Dec. 8 a plan that will help elderly drivers be safer while driving. According to the report, elderly drivers are actually the safest group that uses national roadways but, as the number of elderly drivers increases, they also are becoming more at risk for injuries and death.

Professional drivers also struggled to control Porsche

The details of the accident that killed Paul Walker of "Fast and Furious" fame are reasonably well-known at this point. However, another fact about the car accident is beginning to emerge, and it's coming from the world of professional drivers. They have known for many years that the Porsche Carrera GT was especially difficult to drive, and some even called it dangerous.

Playing the Wrong Cards in Severance Negotiations

It is common for employees (including professional and executive employees) to play the wrong cards, so to speak, during severance negotiations. That is, employees negotiating severance agreements often raise issues to their employers that they believe, incorrectly, provide strong leverage or potential legal claims. Don't get me wrong. Many employees who are fired and/or approached with a severance agreement do in actualityhave potential legal claims that could provide strong leverage in severance negotiations or litigation. Sometimes it takes me a few hours of discussion to identify such material legal issues and evidence, but they're often there. The problem is, most employees who have winning issues fail to recognize what those winning issues are. And in their negotiations with employers, they commonly focus on issues that seem to be winners from a common-sense perspective (or workplace-observation - or Google-search- perspectives), but are in fact issues the employer's employment lawyer or HR rep would quickly deem useless in the legal world.

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