A class action lawsuit claiming a product defect is used to recover damages for a large group of people harmed by the product. When receiving notice of a class action that may involve a product in one or more of…
Blog Archives
The Saga Continues – SB 800 Update – California’s Right to Repair Act
The Right to Repair Act has reared its ugly head again. In Elliott Homes, Inc. v. Superior Court (Hicks) 2016 DJAR 11930, the Third Appellate District issued a writ of mandate ordering a stay of pending litigation until plaintiffs satisfied…
Tagged with: "Elliott Homes", Brookfield, Right to Repair, SB 800, Subro, Subrogation
Posted in Uncategorized
Posted in Uncategorized
Recent NY Decision Discusses the Scope of Limitations of Liability Contained in an Electric Utility’s Tariff and Other Affirmative Defenses
On February 27, 2015, District Judge Joanna Seybert of the Eastern District of New York issued a significant and informative Decision on the issue of striking a defendant’s affirmative defenses in Allstate Ins. Co. v. Long Island Power Authority,…
Tagged with: "affirmative defense", "motion to strike", LIPA, spoliation, Subro, Subrogation, tariff
Posted in Spoliation, Subro Waivers and Limitations of Liability, Uncategorized
Posted in Spoliation, Subro Waivers and Limitations of Liability, Uncategorized
Recent Illinois Case Provides Insight on Avoiding Implied Co-Insured Doctrine
The Illinois supreme court case Dix Mut. Ins. Co. v. LaFramboise is often used to argue against landlord-tenant subrogation claims in Illinois. Under Dix, tenants are considered co-insureds under a landlord’s property insurance policy by virtue of making rent payments…
Tagged with: "co-insured", Dix, implied co-insured, Pekin, Subro, Subrogation
Posted in Uncategorized
Posted in Uncategorized
Establishing the Cause of a Fire Through Process of Elimination
Establishing the cause of a fire through the process of elimination has been a hot topic in recent years, both among subrogation professionals as well as inside the National Fire Protection Association (NFPA). In 2011, NFPA explicitly rejected negative corpus…
Tagged with: "negative corpus", "process of elimination", 921, NFPA, Subro, Subrogation
Posted in Uncategorized
Posted in Uncategorized
Mobile Device Discovery
Smartphones and tablets have radically transformed the practice of law in recent years. People are using their mobile devices more frequently today for both business and their personal lives than ever before. However, for many litigators, mobile device discovery remains…
Tagged with: "Mobile Phone Examiner", "Oxygen Forensic", cell, Cellebrite, discovery, mobile, Subro, Subrogation
Posted in Uncategorized
Posted in Uncategorized
Obtaining Weather Data in the Internet Age
So far the Winter of 2014-15 has spared much of the country from the misery of last winter, but we still have a way to go. As we have just passed the halfway point of the four month season, it’s…
A Deal Is Not A Deal, Until It’s A Deal
California Code of Civil Procedure section 664.6 was enacted in 1981 to provide a summary procedure to enforce settlements. That statute provides that a settlement may be enforced by motion either when an agreement is signed by all parties outside…
Tagged with: "J.B.B. Investment Partners", "Uniform Electronic Transactions Act", 664.6, E-Mail, settlement, Signature, Subro, Subrogation
Posted in Uncategorized
Posted in Uncategorized
Oregon’s Revised and Expanded Product Liability Statute of Repose
Oregon, like many states, has a statute of repose (“SOR”) that sets a time frame in which product liability lawsuits must be filed. Prior to 2009, ORS 30.905(2), the statute governing Oregon’s SOR, set an 8 year limitation period that…
Colorado Homeowners Protection Act Overrides Subrogation Waiver
The Denver office of Cozen O’Connor recently arbitrated a construction defect caused subrogation loss which occurred during a remodel of a high end vacation residence where the insured and the general contractor had entered into an AIA form agreement, including…
