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Recent Idaho Decision Excludes Expert’s Rebuttal Opinion Based on New Testing

A recent federal court ruling offers a reminder that subrogating carriers need to be careful when disclosing expert opinions. The case, Columbia Grain v. Hinrichs Trading et al. (D. Idaho 2015), involved a fire in a garbanzo bean elevator. The

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A “Taking” Without Damages? Recent Washington Case Demonstrates Challenges in Bringing Inverse Condemnation Claim

A recent Washington case shows that establishing a “taking” is just the beginning of an inverse condemnation claim. Like many jurisdictions, Washington allows landowners to bring an inverse condemnation claim—similar to a 5th Amendment eminent domain claim that the government

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Personal Jurisdiction in Oregon–Contacts May Not Be Enough

 A recent Oregon case offers a reminder that subrogating carriers need to carefully examine personal jurisdiction before pursuing an out-of-state defendant. In Robinson v. Harley Davidson Motor Company (Oregon Ct. App. 2012), Oregon resident Robinson was riding her Harley Davidson

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Ninth Circuit Holds Loss of Use Damages and Surveyor’s Fees Recoverable in Maritime Subrogation Case

A recent 9th Circuit Court of Appeals case included favorable holdings for subrogating carriers on the types of damages recoverable in maritime cases. The case, Oswalt v. Resolute Industries, Inc., 2:08-cv-01600-MJP (June 16, 2011), stemmed from a fire on a

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Washington Court Rules Branding Seller May be Sole Party Liable for Manufacturing Defect

The Washington Court of Appeals recently ruled that a seller may be the sole party held strictly liable for a manufacturing defect if the product is sold under the seller’s brand or trade name. In 2007, Monika Johnson was riding

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Inverse Condemnation Alive and Well in Oregon

In February 2011, the Oregon Court of Appeals reaffirmed that the doctrine of "inverse condemnation" is alive and well in Oregon. Inverse condemnation claims do not require a showing of negligence, and instead arise by showing that a government actor

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Rethinking Economic Loss: Washington Supreme Court Introduces the “Independent Duty Doctrine”

In a November 2010 decision, the Washington Supreme Court replaced the longstanding “economic loss rule” with a what it has termed the “independent duty doctrine.” The case, Affiliated FM Ins. Co. v. LTK Consulting Services, Inc. , stemmed from a

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