There is a pandemic afoot that may rival COVID-19 in the amount of destruction it leaves in its wake. Nearly one U.S. driver in eight is speeding around on American roads and highways without any liability insurance. Even though every state except New Hampshire mandates purchasing liability insurance as a condition for driving, nearly 13%…
Ashton Kirsch will be presenting a complimentary one-hour live webinar on Subrogating Data Breaches, Cyber Attacks, and Other Tech Losses on February 10, 2021 at 10:00 – 11:00 a.m. (Central). This webinar will cover the basics of subrogating data breaches, cyber attacks, and other tech losses and provide an introductory analysis of how these cases…
Workers’ compensation subrogation in Alabama isn’t as clear as it might otherwise appear—especially when an employee dies. Alabama’s Survival Statute, § 6-5-462, did not change the common law rule that a cause of action in tort does not survive in favor of the personal representative of the deceased when an employee dies.[1] Therefore, the general…
The Delaware Supreme Court recently affirmed a ruling which constitutes a potentially very dangerous and confusing opinion. Some might read the decision in ACW Corporation v. Maxwell, 2020 WL 678778 (Del. 2020) as a major departure from both the Delaware workers’ compensation subrogation statute and well-established subrogation law, interpreting it as declaring that lump-sum workers’…