As the weather starts to turn colder (at least here in the Northern states), our thoughts turn to the holidays and all the joys of the season. Again, not to be a Grinch this season (see my previous article entitled “Subrogating Christmas” that discusses the dangers of real Christmas trees and holiday lights, with some subrogation tips),…
A Philadelphia jury handed down a roughly $28 million verdict against Johnson & Johnson and Bayer AG on Tuesday, December 5, giving hope to tens of thousands of Xarelto plaintiffs after a series of defense verdicts in the federal multidistrict litigation (MDL) currently pending in the Eastern District of Louisiana. This is also very good news for…
After considering a motion brought by the plaintiffs in 46 actions pending in nine federal districts across the country, the Judicial Panel on Multidistrict Litigation (MDL) entered an order on Tuesday, transferring those actions to the Northern District of Ohio for coordinated or consolidated pretrial proceedings. Those cases represent only a fraction of the cases filed…
Insurers Seek Reimbursement for the High Cost of Opioid Addictions Big Pharma is having a Big Tobacco moment. Since 1999, the number of prescription opioids sold in America has almost quadrupled. Over the same period, prescription opioid deaths have more than quadrupled and millions have become addicted to legally-prescribed painkillers that are 50 times more powerful…
A car slams into a number of other vehicles stopped at a red light, only to quickly flee the scene. This fact scenario almost always involves operating under the influence or a stolen vehicle. In the case of a stolen vehicle, rarely is a thief considerate enough to take out insurance covering his operation of the stolen vehicle…
Changing Times Require Changing Tactics. One of the most recognized legal symbols of American justice is Lady Justice, the blindfolded woman carrying a sword and a set of scales. She symbolizes the fair and equitable administration of justice, without corruption, greed, prejudice, or favor. Lately, however, she’s been looking for work. It seems that the hallowed halls of…
Kidde has recalled two styles of fire extinguishers, including 142 different models of fire extinguishers that were manufactured as far back as 1973. The fire extinguishers can become clogged or require excessive force to discharge and can fail to activate during a fire emergency. In addition, the nozzle can detach with enough force to pose an…
As a subrogation professional, often times one of the hardest aspects of the career to understand is that you have to put on your plaintiff’s “hat” in order to prove your case and make a recovery. This involves gathering facts and understanding how tort law applies in your claim. Inevitably, when a fellow attorney or subrogation adjuster…
As you may know, Gary Wickert recently appeared on a national radio program, hosted by Larry Cohen. The program, which was produced by Ringler Radio and entitled “Driverless Car Litigation”, focused on the ever-changing intersection between the exploding industry of self-driving vehicles, product liability litigation, and the auto insurance industry. The latest innovations in driverless cars were…
Your insured’s eighteen-wheeler is struck head-on by another vehicle travelling at a high rate of speed, resulting in significant medical expenses to your insured driver and a passenger, as well as considerable property damage to your insured’s vehicle. The tortfeasor died instantly. Subrogation efforts reveal adequate liability coverage for the responsible driver and you present your…