On July 28, 2011, the Consumer Product Safety Commission (CPSC) and Honeywell International Inc. collectively issued a voluntary recall of 77,000 Honeywell baseboard and fan heater thermostats sold between January 2000 and December 2007. There have been 16 reported incidents of the thermostats melting and smoking as a result of overheating. While there have been...
When someone is injured or property is destroyed because a manufacturer did not warn about known dangers you may think your case is a slam dunk. But before you start your victory dance, make sure you can prove that the warning would have been read. Recently, the California Court of Appeal for the Fifth District overturned a...
In the 1850’s, a prominent frontier lawyer, disturbed by what he saw, felt compelled to offer the following advice in a speech to aspiring lawyers: “Discourage litigation. Persuade your neighbors to compromise whenever you can.” In England & Wales, the Civil Procedure Rules (“CPR”) are the rules which govern the conduct of litigation. Most readers...
On June 30, 2011, the U.S. Consumer Product Safety Commission (CPSC), in partnership with Hamilton Beach Brands Inc., issued a recall of about 300,000 model 22600 Hamilton Beach classic chrome 2-slice toasters. Due to a defect within the heating element of the toaster, the appliance is reported to be hazardous should it come into contact...
In Zurich v. Ison T.H. Auto Sales, 2011 ONSC 1870, the Ontario Superior Court of Justice was faced with a dispute between an insurer and insured over who had control over a recovery action. The loss arose from an explosion and fire that occurred at an apartment building. The insured, an automobile dealer, was storing...
A recent 9th Circuit Court of Appeals case included favorable holdings for subrogating carriers on the types of damages recoverable in maritime cases. The case, Oswalt v. Resolute Industries, Inc., 2:08-cv-01600-MJP (June 16, 2011), stemmed from a fire on a vessel that originated at a heater that was being repaired by Resolute Industries. The vessel...
In March, we discussed the importance of pleading common law duties separate and distinct from a builder’s contractual duties in order to preserve tort-based construction defect actions under Michigan law. In its opinion released June 6, 2011, the Michigan Supreme Court recently reinforced but fine-tuned this advice in Loweke v. Ann Arbor Ceiling & Partition...
A fire sprinkler system is supposed to suppress fires. But, in August 2009, a fire sprinkler system in an apartment complex in Truckee, California did just the opposite. The fire began as a grease cooking fire. Then, a fire sprinkler system with a reported 71.2% concentration of glycerin antifreeze deployed during the fire. The resulting...
The Washington Court of Appeals recently ruled that a seller may be the sole party held strictly liable for a manufacturing defect if the product is sold under the seller’s brand or trade name. In 2007, Monika Johnson was riding in downtown Seattle when the carbon fiber fork of her bicycle (which attaches the frame...
On May 26, 2011, the Supreme Court of Arkansas delivered an opinion on spoliation in a case that may be of interest to subrogation professionals. The Court clarified the law of spoliation in Arkansas and held that a finding of bad faith is not required for a spoliator to receive an adverse jury instruction. The...
