Blog Archives

Utah – Filing Suit in Name of Carrier Confirmed

In July of 2016 Leslie Hulburt and I reported that the Utah Appellate Court recently issued a decision, if read out of context, could be used to suggest that a subrogation case in Utah must be brought in the name

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Posted in Subro Round-Up

Negotiation Strategies for Subrogation Cases Simplified from a Toddler’s Point of View

Toddlers are indeed the best of the best when it comes to negotiating. Every parent is put to the test when it comes to enforcing the rules and avoiding temper tantrums. Even the savviest of attorneys have caved when dealing

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Posted in Subro Round-Up

“What’s in a name?” William Shakespeare, Romeo and Juliet, act 2, sc. 2

The United States Congress passed the Carriage of Goods by Sea Act in 1936. The purpose of COGSA was to establish a standardized set of definitions and rules to govern the terms and conditions used in ocean bills of lading.

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Posted in Transportation

Instant Inverse

Until recently, inverse condemnation remained a relatively arcane area of California law. A spate of wildfires, spawning litigation by homeowners and their subrogating insurers, has breathed new life into this liability theory. Inverse condemnation is an eminent domain action initiated

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Posted in Government Tort and Inverse

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

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Posted in Civil Procedure

Fidget Spinners Don’t Relieve Stress (When They Catch Fire)

One of the newest fads to hit the market place is the fidget spinner. It’s the palm sized three-eared triangular device with ball bearings that can be spun quickly when held between the thumb and index finger. They are promoted

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Posted in Product Liability

Wildfire Awareness with CAL FIRE’s “Ready for Wildfire” App

Annually, the first full week of May is known in California as “Wildfire Awareness Week”. This provides CAL FIRE the opportunity to highlight the importance of wildfire prevention and preparedness. This year, with fires on the rise in California, CAL

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Posted in Subro Round-Up

Subrogation Rights Under Oklahoma’s Workers’ Compensation Act

In 2011, the Oklahoma legislature overhauled the state’s workers’ compensation system, even going so far as to change the name of the law to “The Oklahoma’s Workers’ Compensation Code”. Portions of the new law were challenged and Oklahoma courts struck

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Posted in Subro Round-Up

Count Me Out! Considerations in Determining Whether to Opt Out of a Class Action Lawsuit

A class action lawsuit claiming a product defect is used to recover damages for a large group of people harmed by the product. When receiving notice of a class action that may involve a product in one or more of

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Posted in Subro Round-Up, Uncategorized

Vehicle Fire Investigations – A Subro Perspective

Earlier this month ABC news aired a special on what was characterized as an unusually large number of BMW fires across the country while the vehicles were turned off for hours if not days. ABC reported that they investigated over

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Posted in Transportation
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