Blog Archives

The Saga Continues – SB 800 Update – California’s Right to Repair Act

The Right to Repair Act has reared its ugly head again. In Elliott Homes, Inc. v. Superior Court (Hicks) 2016 DJAR 11930, the Third Appellate District issued a writ of mandate ordering a stay of pending litigation until plaintiffs satisfied

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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,

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Posted in Spoliation, Subro Waivers and Limitations of Liability, Uncategorized

Recent Illinois Case Provides Insight on Avoiding Implied Co-Insured Doctrine

The Illinois supreme court case Dix Mut. Ins. Co. v. LaFramboise is often used to argue against landlord-tenant subrogation claims in Illinois. Under Dix, tenants are considered co-insureds under a landlord’s property insurance policy by virtue of making rent payments

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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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Mobile Device Discovery

Smartphones and tablets have radically transformed the practice of law in recent years. People are using their mobile devices more frequently today for both business and their personal lives than ever before. However, for many litigators, mobile device discovery remains

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Obtaining Weather Data in the Internet Age

So far the Winter of 2014-15 has spared much of the country from the misery of last winter, but we still have a way to go. As we have just passed the halfway point of the four month season, it’s

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A Deal Is Not A Deal, Until It’s A Deal

California Code of Civil Procedure section 664.6 was enacted in 1981 to provide a summary procedure to enforce settlements. That statute provides that a settlement may be enforced by motion either when an agreement is signed by all parties outside

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Oregon’s Revised and Expanded Product Liability Statute of Repose

Oregon, like many states, has a statute of repose (“SOR”) that sets a time frame in which product liability lawsuits must be filed. Prior to 2009, ORS 30.905(2), the statute governing Oregon’s SOR, set an 8 year limitation period that

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Colorado Homeowners Protection Act Overrides Subrogation Waiver

The Denver office of Cozen O’Connor recently arbitrated a construction defect caused subrogation loss which occurred during a remodel of a high end vacation residence where the insured and the general contractor had entered into an AIA form agreement, including

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Gross Negligence in Oil Well Drilling: Alberta Queen’s Bench Clarifies the Standard Required of Oil & Gas Drilling Operators

 The author of the following blog post, Robert Sottile, is an Articling Student with Cozen O’Connor. The recent decision of the Alberta Court of Queen’s Bench in Bernum Petroleum Ltd v Birch Lake Energy Inc (Bernum)[1], outlines the requirements to

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