Category Archives: Product Liability

IF IT SEEMS TOO GOOD TO BE TRUE: The Problem With Cut-Rate Subrogation Vendors

Posted by Gary L. Wickert on November 24, 2015

Litigation is rarely cheap, but it is often necessary. Nowhere is this truer than in the area of insurance subrogation, where those who resist paying subrogation claims assume that insurance companies are loath to pull the trigger and file suit … Learn More

Four Extra Years To File Your Minnesota Subro Claims

Posted by Timothy L. Pagel on October 26, 2015

Since being recommended for admission to the Minnesota bar, I have been hit hard with questions from clients regarding Minnesota subrogation, including relevant statutes of limitations. One of the most frequent questions I receive has to do with the Minnesota … Learn More

Attorney Schuster Achieves Defense Verdict in Federal Court Table Saw Case

Posted by Richard A. Schuster on September 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 … Learn More

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

Posted by Gary L. Wickert on March 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 … Learn More

Pennsylvania Supreme Court Clarifies State’s Products Liability Law

Posted by Aaron D. Plamann on January 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, … Learn More

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

Posted by Aaron D. Plamann on October 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 … Learn More

Texas Supreme Court Narrows Economic Loss Doctrine

Posted by Gary L. Wickert on October 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 … Learn More

The Need For New Approaches To Subrogating Asian Manufacturer Claims

Posted by Richard A. Schuster on March 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 … Learn More

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

Posted on March 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 … Learn More

Florida Supreme Court Limits Economic Loss Doctrine To Product Liability Cases

Posted by Gary L. Wickert on October 21, 2013

In what will go down in legal history as one of the clearest and most forthright decisions in recent memory, the Florida Supreme Court has issued an opinion which limits the application of the Economic Loss Doctrine (ELD) to cases … Learn More