Month

May 2011
In the United States, there are only 6 jurisdictions that continue to bar recovery for a plaintiff if their own negligence contributed in any way to the cause of their injuries- Virginia, Maryland, South Dakota, Alabama, the District of Columbia and North Carolina. (South Dakota does allow recovery where the plaintiff’s negligence is slight in...
The Fourth Circuit Court of Appeals has recently clarified its interpretation of the procedure for removing a case to federal court in Barbour v. International Union, No. 08-1740, 2011 WL 242131 (4th Cir. Jan. 27, 2011). Courts strictly construe the removal statutes, 28 U.S.C. §§ 1441 and 1446, to limit the jurisdiction of federal courts. Doubts...
Property insurers are all too familiar with losses caused by defective products. Some product defects are isolated instances, affecting only one unit, but in today’s era of mass production and of use of component parts supplied by third-party vendors, defects that affect every unit of a particular product are commonplace. When a systemic defect is...
On April 21, 2011, the U.S. Consumer Product Safety Commission (“CPSC”) announced a recall of about 1.2 million Marineland “Stealth” and “Stealth Pro” aquarium heaters. The subject aquarium heaters are Marineland “Stealth” brand heaters of various model numbers and wattages, sold through their parent company, United Pet Group. The heaters were sold at pet stores...
How far does California’s grant of immunity for the tortious acts of firefighters extend, and specifically, when can a fire department be liable for the negligent operation of its fire engine? The California Court of Appeal in Varshock v. Cal. Dept. of Forestry and Fire Protection (2011) D057709 attempted to answer these questions in a...