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Federal Court Reaffirms Work v. Non-Work Distinction in AIA Subro Waiver

In a recent decision issued by the United States District Court, Eastern District of New York, Garden City Apartments, LLC v. Xcel Plumbing of New York, Inc. et al., No. 15-cv-1380 Document 84 (E.D.N.Y. 2017), the Court emphasized that a

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Posted in Subro Waivers and Limitations of Liability

Sixth Circuit Refuses to Apply Kentucky’s Economic Loss Doctrine to Purchases by Consumers

The Sixth Circuit recently held that it would not apply Kentucky’s economic loss doctrine to consumer purchases, and consumers are free to pursue tort claims against manufacturers even when damage occurs only to a product itself. The Sixth Circuit was

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Posted in Economic Loss Doctrine, Product Liability

Washington’s Independent Duty Doctrine – Actual Injury or Prop Damage Not Required

Since recently departing from the economic loss rule, Washington courts have continued to expand the scope and applicability of the independent duty doctrine in a variety of circumstances. A recent appellate case, The Point at Westport Harbor Homeowners’ Association v.

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Posted in Economic Loss Doctrine

Utah Supreme Court to Rule on Named Plaintiff in Subrogation

The Utah Appellate Court recently issued an opinion in a medical subrogation case that contained broad language regarding subrogation law in Utah. See Wilson v. Educators Mut. Ins. Ass’n., 2016 UT App 38. The decision, read out of context, can

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Posted in Legal and Evidentiary Issues

Which Statute of Repose Applies? – Product Liability or Improvement to Real Property

Product vs. Improvement to Real Property: Which Statute of Repose Applies?  Depending on the jurisdiction of your loss, the answer to this question may significantly impact the viability your claim. A quick review of the law in South Carolina, North

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Posted in Legal and Evidentiary Issues

Georgia Limits Made Whole Doctrine

Georgia has traditionally adhered to the “made whole” doctrine, which provides that, “[w]here the insurer or the insured must go unpaid to some extent, the loss should be borne by the insurer, since the insurer has already been paid a

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Posted in Legal and Evidentiary Issues, Made Whole Doctrine

AND THE WINNER (PREVAILING PARTY) IS….

The California Supreme Court recently addressed whether a party that voluntarily dismisses an action, in exchange for a settlement payment, is entitled to recovery of costs as “the prevailing party.” In deSaulles v Community Hospital of the Monterey Peninsula 2016

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Posted in Legal and Evidentiary Issues

Maryland Addresses Spoliation of the Physical Evidence of the Case

In a recent decision, the Court of Special Appeals of Maryland considered an issue of first impression regarding the doctrine of spoliation. Maryland appellate courts had “not established how to apply the spoliation doctrine in the context of a situation”

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Posted in Legal and Evidentiary Issues, Spoliation

Going…Going…Gone! Famed Auction House Avoids Liability for Sandy Damage

Christie’s Fine Art Storage Services, Inc., the art warehousing subsidiary of the leading auctioneer company, Christie’s, has succeeded in obtaining a dismissal of negligence and breach of contract claims asserted by the property insurer of a trust which owned the

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Posted in Subro Waivers and Limitations of 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
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