Monthly Archives: June 2011

Ninth Circuit Holds Loss of Use Damages and Surveyor’s Fees Recoverable in Maritime Subrogation Case

A recent 9th Circuit Court of Appeals case included favorable holdings for subrogating carriers on the types of damages recoverable in maritime cases. The case, Oswalt v. Resolute Industries, Inc., 2:08-cv-01600-MJP (June 16, 2011), stemmed from a fire on a

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Refocusing the Duty Inquiry in Michigan

In March, we discussed the importance of pleading common law duties separate and distinct from a builder’s contractual duties in order to preserve tort-based construction defect actions under Michigan law. In its opinion released June 6, 2011, the Michigan Supreme

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Out of Limbo? Antifreeze Fire Sprinkler Systems Are Back, But They Come With Strings Attached

A fire sprinkler system is supposed to suppress fires. But, in August 2009, a fire sprinkler system in an apartment complex in Truckee, California did just the opposite. The fire began as a grease cooking fire. Then, a fire sprinkler

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Washington Court Rules Branding Seller May be Sole Party Liable for Manufacturing Defect

The Washington Court of Appeals recently ruled that a seller may be the sole party held strictly liable for a manufacturing defect if the product is sold under the seller’s brand or trade name. In 2007, Monika Johnson was riding

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Finding of Bad Faith Not Required in Arkansas for a Jury Instruction on Spoliation

On May 26, 2011, the Supreme Court of Arkansas delivered an opinion on spoliation in a case that may be of interest to subrogation professionals. The Court clarified the law of spoliation in Arkansas and held that a finding of

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