Blog Archives

“Smart Cars” – NHTSA Investigation for Potential Fire Hazard

The National Highway Traffic Safety Administration has opened a preliminary investigation into 42,875 model year 2008-2009 Fortwo vehicles (“Smart Cars”). The term “Smart Car” refer to the Smart Fortwo originally introduced in Europe. They are small two seat vehicles with

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Posted in Subro Round-Up

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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Posted in Uncategorized

Lithium Battery Fires and CT Scans

On October 13, 2016, Roylco Educational Light Cubes were recalled because its lithium battery can overheat and catch fire. On the same day, Samsung expanded its recall of the Galaxy Note7 Smartphones based on additional incidents with the replacement phone’s

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Posted in Cyber; IoT and Technology, Product Liability

Part 36: Settle or Face the Consequences

In England, parties to a dispute are encouraged to settle cases through the use of Part 36 of the Civil Procedure Rules (“CPR”). The rationale of the Part 36 regime is to encourage settlement. If a party rejects an offer

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Posted in International Claims

Recalls of Lithium-Ion Laptop Batteries Continue

Despite over a decade of laptop battery recalls, one of the latest chapters in the lithium-ion fire hazard saga unfolded on June 23, 2016, when HP issued a sweeping recall of batteries installed in its notebook computers. The particular lithium-ion batteries

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Posted in Cyber; IoT and Technology, Product Liability

Compliance With Hague Convention When Serving Foreign Entities

In today’s economy, it is no surprise to find that the product at the heart of a product liability suit was manufactured by a company outside of the United States. But properly serving that foreign manufacturer appears to cause some

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Posted in International Claims

Subcontract Language Can Prevent Enforcement of AIA Waiver of Subrogation

The United States District Court of Maryland recently held that a waiver of subrogation clause found in an AIA agreement can be superseded by subsequent contract language between the contractors. In Turner Construction Co. v. BFPE Int’l, 2016 WL 1169938

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Posted in Contractual Issues

Michigan Court of Appeal – Waiver of Subrogation Clause Does Not Preclude Gross Negligence Claims

In a Per Curium unpublished opinion dated August 9, 2016, an intermediate appellate court in Michigan overruled a trial judge’s grant of summary judgment based on a waiver of subrogation but affirmed the ruling that the plaintiff had not plead

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Posted in Contractual Issues

Subrogation in the Internet Age: Claims Against Online Providers

Recently, a subrogation action was filed on behalf of an insurer alleging that a product sold on eBay and Amazon caused a fire for which the insurer is seeking recovery. The action was filed in state court and thereafter removed

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Posted in Cyber; IoT and Technology

Soy Based Wiring Coating – Potential Attraction for Mice

The old joke in school used to be, “…the dog ate my homework.” Well, now, as a consequence of manufacturers moving toward more “green” ecologically fashionable products, the wiring in automobiles and common outdoor appliances is becoming feast food for

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Posted in Construction
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