The U.S. Chemical Safety Board (CSB) called for a ban on cleaning out debris from gas piping using pressurized natural gas. “Gas blow” is an industry-wide practice and is now described as an “inherently unsafe activity.” CSB called for the ban after investigating a tragic explosion at Kleen Energy in Middleton, Connecticut, that killed six...
Defective car cases can be challenging to pursue. When the car is subject to a recall, recovery potential usually improves. If the vehicle’s owner knew about the recall and had the repairs done, do not despair—many times those repairs are inadequate. One example is the defective Ford speed control deactivation switches. The switches have been...
Subrogating the discarded cigarette case can burn out quickly or really catch fire. If your insured caused it, subrogation may be a problem. But when a defendant causes it, potential subrogation, right? Perhaps. Take, for example, the case of a store clerk who throws a discarded cigarette on the pine needles that serve as a landscaping...
In a case of first impression, the Pennsylvania Superior Court adopted the "bright line" rule, followed by a majority of jurisdictions, that all information considered by a testifying expert, including information typically protected under the attorney work-product privilege, is discoverable.In Barrick v Holy Spirit Hospital, No. 1856 MDA 2009 (Pa. Super. Sept.16, 2010), the court...
On September 17, 2010 Lowe’s Home Centers, Inc. settled a class action lawsuit brought in the United States District Court for the Western District of North Carolina by consumers who contracted with Lowe’s for the installation of clothes dryers in their homes and businesses. The lawsuit alleged that the “skilled, trained, experienced [and] equipped” installation technicians...
If you live in the southwest, then you have probably looked into different ways to keep your house or business cooler without raising you air conditioning bills. One solution which has increased in popularity over the past couple of years is the installation of a reflective radiant barrier. Radiant barriers can be used in...
Following up on our report of July 9, 2010, Cozen O’Connor has learned that the National Fire Protection Association (NFPA) has issued tentative interim amendments to three of its standards, banning the use of antifreeze in sprinkler systems in new construction of residences and in the dwelling unit portions of other occupancies. As previously reported by...
In response to the growth of the wind turbine industry, insurance carriers have introduced a number of insurance products tailored to this industry. Principal coverages include protection of those individuals responsible for the design, construction, erection, commissioning and testing of wind turbines. Coverage can also be provided for all risks of loss, destruction or damage to the...
On December 1, 2010, Federal Rule of Civil Procedure 26 will be amended to exempt draft expert reports and certain categories of attorney/expert communication from discovery. In practice, this amendment will liberalize the communications your attorney can have with your testifying expert and reduce expenses that are incurred to comply with the Rule as it is...
The subrogating carrier of a unit owner or condominium association to pursue subrogation against another condominium unit owner, renter and/or member of the household of the unit varies by jurisdiction. Unlike most jurisdictions, the state of Missouri utilizes a statute which requires policies covering condominium properties to waive subrogation against unit owners and members of their household. The reasoning behind...
