Blog Archives

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States District Court of Maryland recently held that a waiver of subrogation clause found in an AIA agreement can be superseded by subsequent contract language between the contractors.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In a Per Curium unpublished opinion dated August 9, 2016, an intermediate appellate court in Michigan overruled a trial judge’s grant of summary judgment based on a waiver of subrogation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

First Known Fatal Accident Involving Autonomous Vehicle

The first known fatal accident involving a vehicle operating in a type of autopilot mode occurred in Williston, Florida on May 7, 2016. The accident involved a Tesla Model S electric car that was engaged in Autopilot mode. The driver

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Posted in Cyber; IoT and Technology, Transportation

CPSC Recalls Hoverboards for Fire Hazards

On July 6, 2016, the Consumer Product Safety Commission (CPSC) issued a recall for more than 500,000 hoverboards due to fire hazards. The recall involves ten manufacturers, retailers, online retailers and/or US importers, with over half involving the popular Swagway

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Posted in Cyber; IoT and Technology, Product Liability

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

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Posted in Legal and Evidentiary Issues

Cyber Attacks Reach Subrogation

It was just a matter of time. As cyber-attacks rose and the data security breaches became increasingly devastating to businesses and individuals, cyber breach insurance became more prevalent. And where insurance appears, subrogation recovery follows. We have not seen an

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Posted in Cyber; IoT and Technology
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