Many states have enacted laws requiring homeowners, with claims of construction defects, to follow certain procedures prior to filing a lawsuit against a builder. The procedures generally require that before a homeowner initiates construction defect litigation, it must notify the builder of the claims, allow the builder an opportunity to remedy the defects, pay the homeowner...
Punxsutawney Phil may have predicted an early spring in 2011, but by no means have we seen the end of claims involving pipe freeze-ups and storm-related roofing collapses for the season. Despite the fact that Old Man Winter is not a viable subrogation target, there may be more subrogation potential in these claims than you...
On February 4, 2011, the Nebraska Supreme Court, in the case of Dobrovolny v. Ford Motor Company, 281 Neb. Reports 86, addressed the issue of “whether the economic loss doctrine applies when a product self-destructs without causing damage to persons or other property.” The Court addressed the previous decisions by both the Nebraska Supreme Court...
On January 20, 2011 the U.S. Consumer Product Safety Commission (“CPSC”) announced a voluntary recall of Propane (LP) Gas, manufactured by Aux Sable Liquid Products of Morris, Illinois. The affected propane was sold in portable cylinders and delivered to storage tanks. The problem with this estimated 700 rail car units of propane gas is that...
On March 11, 2011, the Consumer Product Safety Commission (“CPSC”) will officially launch a new website which offers a forum for consumers to register complaints about product-related safety issues. The database, located at http://saferproducts.gov/ will register complaints of injury or of potential harm filed by consumers, safety groups, health care professionals and other interested parties;...
It is as commonplace and disconcerting as ordering specialty food at a fast food restaurant and receiving what they commonly serve. You don’t get what you want. In litigation, product manufacturers, builders and providers of products and ideas are seldom producing background information on those items and ideas without first requiring that the requesting party...
The prevailing laws in the Middle East are generally based on, and utilize elements of, Shari’ah, The Koran and the Hadith together with what is termed as Latin law, influenced by Egyptian Napoleonic Code style law. The concept of insurance is not contradictory to Islam, the payment of blood money by an individual to a deceased’s...
The U.S. Court of Appeals for the Ninth Circuit has recently issued an opinion holding that a subrogating insurer can sue a defendant for negligence for damage to property even though the subrogating insurer and the defendant were not in privity of contract. This opinion provides guidance on privity of contract as well as economic...
The Expedited Jury Trials Act (ETA) Assembly Bill 2284 became effective in California state trial courts. Additional rules implementing the program are being prepared by the California Judicial Council. AB 2284 provides for expedited jury trials in civil cases where both parties agree. The trials scheduled pursuant to the ETA will be heard on a...
