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Failure To Warn: Read The Fine Print

When someone is injured or property is destroyed because a manufacturer did not warn about known dangers you may think your case is a slam dunk. But before you start your victory dance, make sure you can prove that the warning

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Evidence Disposal: Your Trash May Be Someone’s Treasure

A California court recently held that an insurer had a duty to preserve an allegedly defective tire for use as evidence in the insured’s product liability case.  Cooper v. State Farm Mutual Auto. Ins. Co., 177 Cal.App.4th 876 (2009,  4th

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Colorado’s Subrogation “Made Whole Rule” Under Discussion

Colorado’s legislature is considering passing a bill that would limit subrogation in personal injury cases.  House Bill 10-1186 is aimed at situations where the insured would not be made whole if the insurer was allowed to recover its payments through

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Economic Loss Doctrine Broadened in Tennessee

The Economic Loss Doctrine may bar tort claims when a defective product causes injury only to the product itself and not to other property or persons. In many jurisdictions there are exceptions to the doctrine, including when the damage is

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Avoiding Service On Foreign Manufacturers

Service of Process; Hague Convention; Subrogation; Yamaha Motor Co., Ltd. v. Sup. Ct., products liability; manufacturer

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