Yearly Archives: 2014

Oregon’s Revised and Expanded Product Liability Statute of Repose

Oregon, like many states, has a statute of repose (“SOR”) that sets a time frame in which product liability lawsuits must be filed. Prior to 2009, ORS 30.905(2), the statute governing Oregon’s SOR, set an 8 year limitation period that

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Colorado Homeowners Protection Act Overrides Subrogation Waiver

The Denver office of Cozen O’Connor recently arbitrated a construction defect caused subrogation loss which occurred during a remodel of a high end vacation residence where the insured and the general contractor had entered into an AIA form agreement, including

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Gross Negligence in Oil Well Drilling: Alberta Queen’s Bench Clarifies the Standard Required of Oil & Gas Drilling Operators

 The author of the following blog post, Robert Sottile, is an Articling Student with Cozen O’Connor. The recent decision of the Alberta Court of Queen’s Bench in Bernum Petroleum Ltd v Birch Lake Energy Inc (Bernum)[1], outlines the requirements to

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Watts Class Action Settlement Info – Acetal Plastic Toilet Connectors

On August 5, 2014, a Class Action settlement has been reached with Watts Water Technologies, Inc. and Watts Regulator Co. (“Watts”) regarding toilet Connectors with coupling nuts made with acetal plastic designed, manufactured, and/or distributed by Watts between 1999 and

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Spoliation in Texas: A New Approach

The Supreme Court of Texas recently revisited the concept of spoliation of evidence in Brookshire Brothers, Ltd. v. Aldridge. The case involved a slip and fall at a Brookshire Brothers grocery store. In discovery, the grocery store produced a video

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Communications with Experts – Additional Protection Under Federal Rules When Counsel is Involved

An adjuster is notified of a new fire loss and goes diligently to work. He visits the site and interviews the insured. The adjuster obtains information on the damages caused by the fire as well as theories about how the

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Judicial Notice of Internet Evidence

With the explosion of the Internet over the past 20 years, some practitioners would say it was only a matter of time before courts started to take judicial notice of Internet evidence. With the proliferation of websites whose content is

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Responsibility of Electric Utilities to Trim Trees and Other Vegetation

It is hard to believe that summer is coming to an end and storm season will be upon us. It is never too early to be prepared for the property losses caused by high winds and winter storms. This blog

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Discovery of Initial Claims Investigation Documents

A recent opinion out of the United States District Court for the Eastern District of Pennsylvania illustrates the ongoing and vexing problem of determining whether documents created during an insurer’s early claims investigation are protected from disclosure in subsequent litigation

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Admissibility of Design Changes in Product Liability Cases

Most people have heard the old adage, “If it ain’t broke, don’t fix it.” But, is the opposite true? If something was fixed, does that suggest it was broken in the first place. In many cases, evidence that a product’s

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