Blog Archives

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

Tagged with: , , , , , ,
Posted in Civil Procedure

Amalgamation Explained

It is often lamented that the amount of liability that can be assessed to a defendant in a subrogation matter is inversely proportional to their ability to satisfy a judgment. The easier it is to prove a defendant is responsible,

Tagged with: , , , ,
Posted in Legal and Evidentiary Issues

Four Helpful Tips for a Successful Subro Recovery

All too often, claims that would otherwise have strong potential for recovery via subrogation cannot be pursued due to issues that arise shortly following a loss. Too many times, hope for recovery is lost because of evidentiary issues or expired

Tagged with: , ,
Posted in Legal and Evidentiary Issues

Consider Using Social Media to Enhance Your Subro Investigation

ICYMI: Social Media has Revolutionized the Gathering, Sharing and Publication of Information both Newsworthy and Non-Newsworthy. The use of social media posts authored by members of the public and casual observers to describe news-as-it-happens is prominent even among traditional media

Tagged with: , ,
Posted in Cyber; IoT and Technology, Legal and Evidentiary Issues

Spoliation Motion Denied – Lack of Proof as to Any Prejuduce

In National Fire Insurance Company of Hartford a/s/o RX Plus Pharmacy Corp. v. Fair Only Real Estate Corp., Index No., 157143, Judge Nancy M. Bannon of the Supreme Court of the State of New York, New York County, denied defendant’s

Tagged with: , , , ,
Posted in Spoliation

Claims Against Good Faith Purchasers of Stolen Scrap Metal

Too often in cases involving stolen property, subrogating carriers do not look any further than the actual thieves for potential subrogation targets. For a variety of reasons, even if they are identified and apprehended, the thieves may not be viable

Tagged with: , , , ,
Posted in Legal and Evidentiary Issues

Preparing Your Case for Arbitration Forums Before Clicking “Submit”

Writing Contentions: Every student learns how to “IRAC” in law school, and every lawyer hears repeated lectures from professors, judges, and veteran attorneys on the importance of effective brief writing. All that you have heard and learned should still be

Tagged with: , , , , , ,
Posted in Legal and Evidentiary Issues

Default Judgment Against Uninsured – As Good As If Written In Lipstick On A Cocktail Napkin

Your standard case involves a loss caused by an insured party. Whether or not that party is actively participating, the carrier is bound by its duty to defend (as defined by California Insurance Code section 533.5(c)), and at least the

Tagged with: , , , ,
Posted in Civil Procedure

Recent NY Decision Discusses the Scope of Limitations of Liability Contained in an Electric Utility’s Tariff and Other Affirmative Defenses

  On February 27, 2015, District Judge Joanna Seybert of the Eastern District of New York issued a significant and informative Decision on the issue of striking a defendant’s affirmative defenses in Allstate Ins. Co. v. Long Island Power Authority,

Tagged with: , , , , , ,
Posted in Spoliation, Subro Waivers and Limitations of Liability, Uncategorized
Subscribe To Our Posts

Email:

Recent Comments
    Cozen O’Connor Blogs