On September 12, 2013, Gree Electric Appliances, Inc. of Zhuhai, China announced the recall of 2.2 million dehumidifiers sold in the United States under ten different brand names. The recall was instituted after the manufacturer received notice of 165 incidents involving their products, including 46 fires, and causing more than $2,000,000 in property damage. The...
It has been a long, hot summer for Honda and General Motors. In June, Honda recalled roughly 686,000 vehicles sold worldwide. Of the 686,000 vehicles recalled, 143,000 were sold in the United States under the Fit name. The problem with the vehicles, from the 2007-08 model years, involves the master power window switch on the...
Christmas has come early for the California subrogation community! A recent decision from the Court of Appeals has held that the 2002 “Right to Repair Act” (aka SB 800) does not apply to cases in which a property owner has suffered actual damages. In a well-reasoned opinion, the court in Liberty Mutual Insurance Company v....
Historically, and unlike other jurisdictions, English Courts have seen no difference between negligence and gross negligence as a legal concept. In 1843 it was “the same thing, with the addition of a vituperative epithet” (Wilson v. Brett) and in 1997 it was said that “the difference between negligence and gross negligence [is] merely one of...
In a recent decision, the Connecticut Supreme Court provided valuable clarification regarding the application of the make whole doctrine in Connecticut. Fireman’s Fund Ins. Co. v. TD Banknorth Ins. Agency, Inc., — A.3d — , 309 Conn. 449 (Conn. July 30, 2013). The case arose out of an insurance coverage dispute. In 2005, Haynes Construction...
In the throes of the dog days of Summer, a recent California decision has placed a chilling effect on voluntary dismissals. In Loong v Superior Court, 2013 DJAR 9593, the Court of Appeals, Second Appellate District, held that a voluntary dismissal of an action constitutes conclusion of an action. Such a dismissal, therefore, provides...
Until recently, in Canada, there was a lack of consensus across the provinces regarding whether the settlement figure in Pierringer agreements was required to be disclosed. A Pierringer agreement is a type of settlement agreement whereby the plaintiff settles a claim with one or more co-defendants in an action while reserving the right to proceed...
In light of the recent news headlines involving NSA’s PRISM surveillance program, it probably should not surprise us, but big brother is watching You. For some time now, police in an increasing number of states across the country have been using “license plate readers.” These devices collect various amounts of data, including photographs, and time...
Most attorneys and claims professionals are accustomed to thinking of a party’s retained expert as being the “property” of that party for the purposes of litigation, whether that expert is designated for testimony or as a non-testifying consultant. A 2011 decision from the U.S. District Court for the Western District of Oklahoma, however, suggests...
