Monthly Archives: January 2012

New Discovery Rules in Utah may Streamline Your Subrogation Case

The Utah Supreme Court recently approved a number of amendments to the Utah Rules of Civil Procedure which limit discovery in civil actions. The amendments became effective for all cases filed after November 1, 2011. The purpose of the amendments are

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California’s Right to Repair Act: What teeth does it have when its requirements are not followed?

Imagine Mr. and Mrs. Johnson are recent first-time homeowners in California. Last year, they purchased a new home built by Lemon Construction. Shortly after moving into the home, the Johnsons went on a short vacation. To their dismay, they returned

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BMW Recalls Mini and Mini Cooper Cars

On January 10, 2012, BMW of North America, LLC, announced a voluntary recall of 88,911 Mini and Mini Cooper cars manufactured between 2006-2011 and equipped with 4-cylinder turbocharged engines. The recall arises from overheating of a circuit board which electronically

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Subrogation vs Contribution–Does it Matter?

Practitioners and judges frequently use the terms subrogation and contribution interchangeably. This is legally incorrect and, as one insurance company recently learned, the distinction between the two concepts can be fatal. In American States Insurance Company v. National Fire Insurance

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EDRs–You Never Know Who’s Watching

EDRs or "black boxes" now are contained in a wide range of consumer products including copiers, household appliances, alarm systems and cars. "EDRs" can provide a final data picture of how a product was last operating before a failure happened.

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