Category

Legal and Evidentiary Issues
The Utah Appellate Court recently issued an opinion in a medical subrogation case that contained broad language regarding subrogation law in Utah. See Wilson v. Educators Mut. Ins. Ass’n., 2016 UT App 38. The decision, read out of context, can be used to suggest that a subrogation case in Utah must be brought in the...
Product vs. Improvement to Real Property: Which Statute of Repose Applies?  Depending on the jurisdiction of your loss, the answer to this question may significantly impact the viability your claim. A quick review of the law in South Carolina, North Carolina, and Tennessee demonstrates the varying results across a small sample of jurisdictions in geographical...
Georgia has traditionally adhered to the “made whole” doctrine, which provides that, “[w]here the insurer or the insured must go unpaid to some extent, the loss should be borne by the insurer, since the insurer has already been paid a premium for assuming this risk and would have been obligated to pay medical expenses regardless...
The California Supreme Court recently addressed whether a party that voluntarily dismisses an action, in exchange for a settlement payment, is entitled to recovery of costs as “the prevailing party.” In deSaulles v Community Hospital of the Monterey Peninsula 2016 DJDAR 2364, the Supreme Court resoundingly answered that question in the affirmative. The deSaulles case...
In a recent decision, the Court of Special Appeals of Maryland considered an issue of first impression regarding the doctrine of spoliation. Maryland appellate courts had “not established how to apply the spoliation doctrine in the context of a situation” “where the physical object . . . that was destroyed [was] itself the subject of...
Christie’s Fine Art Storage Services, Inc., the art warehousing subsidiary of the leading auctioneer company, Christie’s, has succeeded in obtaining a dismissal of negligence and breach of contract claims asserted by the property insurer of a trust which owned the extensive art collection of a deceased wealthy member of the Rothschild banking family. The art...
As most attorneys involved in civil litigation are aware, Rule 26(b)(4) of the Federal Rules of Civil Procedure was amended in 2010 to “address concerns about expert discovery.” ADVISORY COMMITTEE NOTES TO 2010 AMENDMENTS. Specifically, the Advisory Committee was concerned about the “undesirable effects” of “routine discovery into attorney-expert communications and draft reports.” Id. Therefore,...
It is often lamented that the amount of liability that can be assessed to a defendant in a subrogation matter is inversely proportional to their ability to satisfy a judgment. The easier it is to prove a defendant is responsible, the higher the chances the defendant doesn’t have the coverage or assets to pay for...
All too often, claims that would otherwise have strong potential for recovery via subrogation cannot be pursued due to issues that arise shortly following a loss. Too many times, hope for recovery is lost because of evidentiary issues or expired limitation periods. As we near year’s end and begin to reflect on the year, here...
ICYMI: Social Media has Revolutionized the Gathering, Sharing and Publication of Information both Newsworthy and Non-Newsworthy. The use of social media posts authored by members of the public and casual observers to describe news-as-it-happens is prominent even among traditional media outlets. Social media posts, as we know (I do not want to belabor this), have...
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