Monthly Archives: October 2012

Material Failure–Focus on Cellulose Insulation

This recurring series will discuss various materials, including engineered plastics, woods, metals, polymers, bio-polymers, and other composites, and evaluate real world failure modes and provide practice tips for the recovery professional. The first material discussed is cellulose insulation. Cellulose is an

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When are Illinois Local Governments Liable for Improper Repairs?

Local government units, like municipalities, are protected from liability for tortious conduct under Illinois’ Local Government and Governmental Employees Tort Immunity Act. In general, an Illinois city or county cannot be held liable for acts considered discretionary government functions like the

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Second Circuit holds that New York Building Code imposes non-delegable duty on property owner

This summer, in reviewing a filed lawsuit, the Second Circuit Court of Appeals made a determination as a matter of law on a matter of first impression, specifically holding that property owners in New York City have a non-delegable duty

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7.4 Million Toyota Vehicles Recalled for Power Window Control Fire Hazard

On October 10, 2012, Toyota Motor Corp. announced a worldwide safety recall of over 7.4 million vehicles, including approximately 2.5 million vehicles sold in the U.S., for a fire hazard associated with the power window controls. The recall is the

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The Potential for Stigma Damages in Subrogation Actions

The Supreme Court of Georgia recently held that stigma damages are potentially covered under a property insurance policy, leading to the possibility that the property insurer could pursue such damages in a subrogation action. Royal Capital Development LLC v. Maryland

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