Blog Archives

Oregon Supreme Court Clarifies Product Liability Statute of Repose

In a 2014 blog post, I reported on Oregon’s expanded product liability statute of repose (“SOR”). The point of that previous blog post was that in 2009 the Oregon legislature made an important revision to its SOR. First, the legislature

Tagged with: , , ,
Posted in Product Liability, Statute of Limitations, Subro Round-Up

High Court in England and Wales Rules on Waivers of Subrogation in Construction Project

High Court in England and Wales holds that project insurers can bring a subrogation claim against a sub-contractor on a project where the sub-contractor has expressly agreed to obtain separate insurance cover for the project.  Haberdashers’ Aske’s Federation Trust v Lakehouse

Tagged with: , , ,
Posted in Subro Waivers and Limitations of Liability

Privileged Communications Inadvertently Given to Opposing Counsel by a Party’s Expert

In a recent opinion from the United States District Court for Kansas, the Court held that privileged communications given by an expert to opposing party’s counsel will remain protected under the work product privilege. The defendant’s expert in Lloyds of

Tagged with: , , ,
Posted in Civil Procedure

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

Tagged with: , , , ,
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

Tagged with: , , , ,
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.

Tagged with: , , , , ,
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

Tagged with: , , , ,
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

Tagged with: , ,
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

Tagged with: , , ,
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

Tagged with: , , , ,
Posted in Legal and Evidentiary Issues
Subscribe To Our Posts

Email:

Cozen O’Connor Blogs