It is not unusual to face a situation where a product implicated in a loss is manufactured by a foreign defendant. Typically, the product has been manufactured in another country and distributed by a domestic company or otherwise sold by a domestic retailer. In such situations there can be a reluctance to pursue the foreign...
In the media news recently there have been a number of reports concerning hoverboard fires which may involve the lithium-ion battery and/or compatibility with the power supply. The Consumer Products Safety Commission (CPSC) is investigating the root cause of these incidents. In response to these incidents, Underwriters Laboratories (“UL”) announced on February 2, 2016 the...
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,...
Courts may be willing to exercise jurisdiction over a foreign entity in a civil action based solely on a website that solicits sales throughout the United States without specifically targeting one state or its residents. Recently, a trial court denied a motion to dismiss by foreign entity defendant despite the fact that the foreign entity...
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...
Both real and artificial trees can and do burn causing fire damage; unfortunately, ‘tis the season. As expected, Christmas tree claims arise through the seasonal months of November, December, and January. The National Fire Protection Association (NFPA) estimates of reported home structure fires, derived from the U.S. Fire Administration’s National Fire Incident Reporting System (NFIRS)...
Changes to the Riot Act that will hit insurers look set to go ahead following Parliament’s recent second reading of the Riot Compensation Bill. The draft Bill, which will replace the Riot (Damages) Act 1886, was the subject of debate at the House of Commons on Friday, 4 December 2015, when it was welcomed as...
