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CPSC Advises Voluntary Industry Standards for Rechargeable Batteries Inadequate

On January 23, 2017, Samsung announced that poorly designed and manufactured batteries are to blame for the fires associated with its Galaxy Note 7 phones. The announcement comes after months of investigation by Samsung and three independent industry organizations. The

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Posted in Product Liability

Defining the “Fuzzy Edges” of Rule 26(b)(4)

As most attorneys involved in civil litigation are aware, Rule 26(b)(4) of the Federal Rules of Civil Procedure was amended in 2010 to “address concerns about expert discovery.” ADVISORY COMMITTEE NOTES TO 2010 AMENDMENTS. Specifically, the Advisory Committee was concerned

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Posted in Civil Procedure

Establishing the Cause of a Fire Through Process of Elimination

Establishing the cause of a fire through the process of elimination has been a hot topic in recent years, both among subrogation professionals as well as inside the National Fire Protection Association (NFPA).  In 2011, NFPA explicitly rejected negative corpus

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Posted in Uncategorized

Connecticut Supreme Court Holds Make Whole Doctrine Does Not Apply to Deductibles

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

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The Potential for Stigma Damages in Subrogation Actions

The Supreme Court of Georgia recently held that stigma damages are potentially covered under a property insurance policy, leading to the possibility that the property insurer could pursue such damages in a subrogation action. Royal Capital Development LLC v. Maryland

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