In a recent case out of the Seventh Court of Appeals of Texas, the court considered whether a waiver of subrogation provision waived an insurer’s claim for its insured’s uninsured losses or deductible.  Am. Zurich Ins. Co. v. Barker Roofing, L.P., 387 S.W.3d 54, 66 (Tex. App.—Amarillo 2012, no pet.).  In deciding this issue, the...

In a recent opinion filed by the United States Court of Appeals for the Third Circuit in Liggon-Redding v. Sugarman, the Third Circuit decided that Pennsylvania Rule of Civil Procedure 1042.3, requiring the filing of a certificate of merit in malpractice cases, is substantive law that federal courts must apply under Erie v. Tompkins, 304...

  On Monday, June 21, 2010, the United States Supreme Court issued its opinion in Kawasaki Kisen Kaisha LTD. v. Regal-Beloit Corp. By a 6-to-3 vote, the court said the Carmack Amendment does not apply to a shipment originating overseas under a single through bill of lading. The terms of the through bill of lading govern the...

At the end of last year the United States Supreme Court granted certiorari in two consolidated cases, Kawasaki Kisen Kaisha v. Regal-Beloit Corporation, No. 08-1553, and Union Pacific Railroad Company v. Regal-Beloit Corporation, No. 08-1554, to determine whether the inland portion of an intermodal shipment is subject to the Carmack Amendment even when no separate...