The Supreme Court of Pennsylvania recently held that exculpatory clauses that relieve a party of liability for “recklessness” are invalid as against public policy. Tayar v. Camelback Ski Corp. Inc., 2012 WL 2913750,* 10 ___ A.3d ___ (July 18, 2012). After a detailed analysis and discussion of the law applicable to exculpatory clauses, the Supreme Court concluded...

In a subrogation case, what type of evidence is required to prove real property damages at trial? Many times, the only evidence of damages that is readily available is the property adjuster’s Xactimate estimate and testimony. As of late, this type of evidence is no longer sufficient. In McGinty v. Hennen, Texas Supreme Court held...

Smart Meters are high tech devices being installed by utility companies to provide two-way wireless transmittal of information to and from a utility to track energy use more accurately and to enable utility companies to monitor power distribution load and usage and to remotely shut off electricity. While there have been some concerns regarding privacy...

Most attorneys in voir dire in a subrogation jury trial will ask some variation of the following question: "Ladies and gentlemen of the jury, please raise your hand if any of you do not believe you can be fair and impartial to my client XYZ Insurance Company because they are an insurance company and not...