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Product Liability

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Product Liability Law

Successful Product Liability Subrogation Is No Accident

Newsletter, Product LiabilitySeptember 27, 2016

When a product fails and causes damages to other property, a straightforward property damage claim takes on a whole new dimension. Recovering property damage claims related to a product liability defect are some of the most complicated, challenging, and difficult…

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This Christmas’ “Hot” New Gift: Exploding Hoverboards

Contribution and Liability, Newsletter, Product Liability, Property, SubrogationDecember 18, 2015

With holiday shopping in full swing and Christmas a week away, there are growing concerns over the safety of one of the season’s hottest items – hoverboards. The year’s “must have” gift harkens back to the popular ‘80s movie Back To…

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Four Extra Years To File Your Minnesota Subrogation Claims

Auto, Med Pay, PIP, ERISA and Health Insurance, Newsletter, Product Liability, Property, Subrogation, Workers' CompensationOctober 26, 2015

We receive many questions from clients regarding Minnesota subrogation claims, including relevant statutes of limitations. One of the most frequent questions I receive has to do with the Minnesota statute of limitations for personal injury actions. For subrogation professionals outside…

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Attorney Schuster Achieves Defense Verdict in Federal Court Table Saw Case

Insurance Defense, Newsletter, Product LiabilitySeptember 21, 2015

On Wednesday, September 16, 2015, a Western District of North Carolina Federal Court jury returned a defense verdict on behalf of a Taiwanese table saw manufacturer and its U.S. subsidiary, holding that Attorney Richard Schuster’s clients were not negligent in…

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New Wisconsin Federal Court Decision Makes Made Whole Doctrine A Self-Fulfilling Prophecy

Construction Defect, Newsletter, Product Liability, Property, SubrogationMarch 30, 2015

What if the deck was stacked in such a way that insureds and tortfeasors could gerrymander and structure a tort settlement so as to ensure that the insured would never be “made whole”? Surely such ability would be a legal…

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Pennsylvania Supreme Court Clarifies State’s Products Liability Law

Newsletter, Product Liability, Property, SubrogationJanuary 27, 2015

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,…

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Arbitration Forums Makes Rule Changes Related to Arbitrating Product Liability Claims Effective January 1, 2015

Newsletter, Product Liability, Property, SubrogationOctober 28, 2014

Many of our clients are members of Arbitration Forums, Inc. (AF), a nonprofit, private arbitration organization that facilitates arbitration hearings between its members. Companies can be a part of a number of different programs, including arbitrating property damage disputes. By…

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Texas Supreme Court Narrows Economic Loss Doctrine

Contribution and Liability, Newsletter, Product Liability, Property, SubrogationOctober 20, 2014

A new Texas Supreme Court decision in Chapman Custom Homes, Inc. v. Dallas Plumbing Co., 2014 WL 4116839 (Tex. 2014) narrows the stranglehold of the Economic Loss Doctrine (ELD) and states that the ELD precludes recovery in tort for economic…

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The Need For New Approaches To Subrogating Asian Manufacturer Claims

Newsletter, Product Liability, Property, SubrogationMarch 27, 2014

The long-standing and dysfunctional approach to subrogating against foreign manufacturers has become the primary reason why pursuing Chinese manufacturers is difficult and expensive. Many insurers, corporations, and law firms continue to implement tired and ineffective tools in pursuit of these…

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DePuy Takes On Subrogation Liens In ASR Hip Mass Tort Settlement: Deadline Approaching

ERISA and Health Insurance, Newsletter, Product Liability, SubrogationMarch 26, 2014

On August 26, 2010, DePuy Orthopaedics, Inc. (DePuy), a division of Johnson & Johnson, issued a voluntary recall of the DePuy ASR™ XL Acetabular System and ASR Hip Resurfacing Device – a total hip replacement system. It involves not only…

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