Yearly Archives: 2009

Life Without Plastics Is Incomprehensible” – The story of Acetal….

While plastics have forever changed the way we live, the story isn’t always as rosy as the American Chemistry Council infers in the quoted slogan. Introduced in 1956, acetal (also known as polyacetal, polyformadehyde or polyoxymethlene) was developed for high

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CLAIMANT BEWARE: Construction Defects to Real Property: Georgia’s Statute of Repose v. Statute of Limitations

In Georgia, it is well known that actions for injury to real and personal property caused by any person furnishing the design or construction of an improvement to the property must be filed within eight (8) years after the substantial

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SUPPLEMENTAL REPORT REGARDING THE NEW YORK COLLATERAL SOURCE/SUBROGATION BILL

As was previously reported, New York Governor Paterson has signed a bill which purports to eliminate the alleged windfall of double recoveries to plaintiffs which were alleged to have resulted from the common-law Collateral Source Rule, which enabled collateral source

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Pennsylvania Supreme Court Civil Procedural Rules Committee Recommendations Regarding Subrogation

The Pennsylvania Supreme Court Civil Procedural Rules Committee developed Recommendation 240 which would have amended Pa.R.C.P. 1020 to require that all claims arising from the same property loss be bought in a single action, even where there are different claimants

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California’s “Made Whole Rule”

Where the subrogating insurer and insured both have recovery claims and are competing for a limited amount of available money from a defendant, issues arise as to who is entitled to recovery, and/or how the recovery should be divided. These issues

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Analysis of Katrina Opinion re: MRGO Claims

A Louisiana federal court issued a decision this week that may affect thousands of claims in the ongoing Hurricane Katrina litigation. After a 19 day bench trial for five flood victims that filed suit against the United States Army Corps

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New York Legislature Passes Anti-Subrogation Law

New York Governor Paterson signed into law New York State Bill A40002, which amends CPLR 4545, New York’s Collateral Source Rule.  The bill has many aspects, some of which relate to municipal health benefit plans which are not directly germane

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Economic Loss Doctrine Broadened in Tennessee

The Economic Loss Doctrine may bar tort claims when a defective product causes injury only to the product itself and not to other property or persons. In many jurisdictions there are exceptions to the doctrine, including when the damage is

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Chinese Drywall Litigation: Preservation of Evidence

On June 15, 2009, a special panel on multidistrict litigation ordered 10 federal cases involving liability for allegedly defective Chinese manufactured drywall consolidated in the U.S. District Court of the Eastern District of Louisiana with Judge Eldon E. Fallon. It was

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Causation – English Style

“Dangerous and generally a fruitless occupation.”– Justice Akenhead No, Justice Akenhead was not talking about being a lawyer, but stating that it is inappropriate to rank possible causes of a fire in terms of probability in order to select the most

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