The western states in the U.S. have experienced devastating wildfires for decades. These states, Cal Fire, and other agencies have held week long Wildfire Prevention or Wildfire Awareness programs annually every April or May. With wildfires unfortunately becoming more common in other parts of the country, states across the country are declaring their own Wildfire...
Not surprisingly, product liability claims in Indiana are governed by The Product Liability Act, IC 34-20-1, et seq. (the “Act”), which defines a ‘product’ as “(a) any item or good that is personalty at the time it is conveyed by the seller to another party.” The Act goes on to state: “The term does not...
You may recall instances when the defense in a subrogation action tried to mitigate its client’s liability for a loss arguing (usually unsuccessfully) that your insured failed to have a fire break between the properties, contributing to the loss. So then on a loss when the fire occurred on the other side of the road,...
Researchers in the Department of Civil & Environmental Engineering at the University of California, Irvine have analyzed decades of wildfire statistics from the California Department of Forestry and Fire Protection. The team’s findings (published last month in the open-access journal Scientific Reports) concluded that the annual burn season has lengthened and the yearly peak has...
Howard Maycon has been selected as a 2021 California Lawyer Attorney of the Year (CLAY) by Daily Journal http://ow.ly/Zcc750E6oC2. We are extremely proud of this recognition for Howard Maycon, as the leader of our California wildfire litigation team. About The Author
As wildfires rage through the Western Region of the U.S., we dedicate this post to recognize, honor, and thank all the firefighters and volunteers working tirelessly and selflessly. Thank you to all the men and women in the fire departments across the nation for your heroism and service. About The Author
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 your cases, you do have some decisions to make. If you have concerns that the...
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 the pre-litigation procedures mandated by the Right to Repair Act. Plaintiffs brought a construction defect...
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, 14-CV-0444, NYLJ 1202719533249 (E.D.N.Y., Decided February 27, 2015). The decision discusses the legal standard for...
