For years, Pennsylvania products liability law has been split between state and federal courts with regard to the applicable standard for proving a strict liability design defect case. Pennsylvania State Courts followed common law precedent flowing from a 1978 case,…
Subrogating against uninsured drivers is one of the less glamorous aspects of automobile insurance subrogation. It is the pariah of our industry and could easily be featured on the Discovery Channel series, Dirty Jobs. Initiating subrogation against uninsured and judgment-proof…
Ryan Woody will be presenting a complimentary webinar entitled Medicare Advantage Update: Enforcing Your Rights Under The Medicare Secondary Payer Act on February 24, 2015 from 10:00-11:00 a.m. (CST). This webinar will discuss several recent decisions involving the rights of Medicare…
In Schaefer v. Taylor and Amica Mutual Ins. Co., 2013 AP 2419 (2014), originating in Dane County, Wisconsin, the plaintiff was injured when the defendant struck her while snowboarding. The defendant was 21 and a full-time student. The defendant’s parents…
Arizona law imposes strict liability on dog owners for injuries and bites caused by their dog pursuant to A.R.S. §§ 11-1020 and 11-1025. Section 11-1020 states “injury to any person or damage to any property by a dog while at…
In John Doe v. Archdiocese of Milwaukee, No. 13-3783 (2014), “John Doe” settled his sexual abuse claims against the Archdiocese of Milwaukee after participating in voluntary mediation. Doe signed a settlement agreement containing a confidentiality clause, another clause providing that…
For those who are not aware, in 2013, Claims Journal’s online magazine asked Gary Wickert to begin a new monthly column focusing on subrogation and related claims and insurance topics. Gary’s column entitled “The Road To Recovery” can be found…
Matthiesen, Wickert & Lehrer, S.C. would like to thank all our clients and local counsel for a wonderful year and we wish you all a Merry Christmas, Happy Hanukkah, and a blessed Holiday Season. Regardless of what Christmas means to you,…
The recent riots in Ferguson, Missouri have resulted in property damage in excess of $5 million, and the total is climbing. However, these riots don’t even come close to the $1.2 billion in damages during the costliest civil disorder in…
Many of our readers know how frustrating it can be to secure a judgment against a tortfeasor company only to see that company close down. However, an increasingly common scenario sees that same “company” resurrect itself as a new company…