The United States Congress passed the Carriage of Goods by Sea Act in 1936. The purpose of COGSA was to establish a standardized set of definitions and rules to govern the terms and conditions used in ocean bills of lading. One of its key provisions, Section 4(5) limits a vessel’s liability for lost or damaged...
Until recently, inverse condemnation remained a relatively arcane area of California law. A spate of wildfires, spawning litigation by homeowners and their subrogating insurers, has breathed new life into this liability theory. Inverse condemnation is an eminent domain action initiated by the property owner, rather than the government. Essentially, it is unintended eminent domain-i.e., the...
In a recent opinion from the United States District Court for Kansas, the Court held that privileged communications given by an expert to opposing party’s counsel will remain protected under the work product privilege. The defendant’s expert in Lloyds of London Syndicate 2003 v. Fireman’s Fund Ins. Co. of Ohio accidentally included in his expert...
One of the newest fads to hit the market place is the fidget spinner. It’s the palm sized three-eared triangular device with ball bearings that can be spun quickly when held between the thumb and index finger. They are promoted to relieve stress, enable children with attention problems to better focus on tasks, and provide...
Annually, the first full week of May is known in California as “Wildfire Awareness Week”. This provides CAL FIRE the opportunity to highlight the importance of wildfire prevention and preparedness. This year, with fires on the rise in California, CAL FIRE has launched a phone app to prepare individuals for the next wildfire. The app...
In 2011, the Oklahoma legislature overhauled the state’s workers’ compensation system, even going so far as to change the name of the law to “The Oklahoma’s Workers’ Compensation Code”. Portions of the new law were challenged and Oklahoma courts struck certain provisions of the new law after finding they were unconstitutional. Still seeking to reform...
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...
Earlier this month ABC news aired a special on what was characterized as an unusually large number of BMW fires across the country while the vehicles were turned off for hours if not days. ABC reported that they investigated over 40 parked car fires across the country over a five year span. Since ABC reported...
The Connecticut Supreme Court, in Bifolck v. Philip Morris, Inc., recently made what the Court termed “modest refinements” to Connecticut’s product liability law. Case No. SC 19310 (Conn. Dec. 29, 2016). To recover under Connecticut’s Product Liability Act, a plaintiff alleging a product was defectively designed, defectively manufactured, or defective for a failure to warn...
In a recent decision issued by the United States District Court, Eastern District of New York, Garden City Apartments, LLC v. Xcel Plumbing of New York, Inc. et al., No. 15-cv-1380 Document 84 (E.D.N.Y. 2017), the Court emphasized that a common waiver of subrogation clause does not afford protection against claims for property damage generally,...
