Category Archives: Contribution and Liability

Contribution and Liability Subrogation Posts

Debunking Corporate Successor Liability Defenses One Case At A Time

Posted by Richard A. Schuster on December 15, 2014

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 … 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

New Victories For Subrogation Against FDCPA Lawsuits

Posted on July 28, 2014

For nearly twenty years, the plaintiffs’ bar and negligent third parties have been trying to use the Federal Debt Collection Practices Act (FDCPA) as a weapon against legitimate subrogation claims. While the fight continues, two recent federal district court decisions … Learn More

You Break It, You Buy It: Understanding Anti-Indemnity Statutes

Posted by Gary L. Wickert on April 16, 2014

The song we learn in our youth is the song we sing for life. Children often blame others for their mistakes and misdeeds – a desperate effort to shift responsibility and avoid unpleasant consequences. As adults engaging in commerce, we … Learn More

Recording Conversations And Phone Calls

Posted on February 20, 2014

Whether you are investigating a subrogation claim or conducting interviews of injured claimants, being able to record a conversation and refer back to it can be indispensable to the handling of a matter either before or during litigation. Today’s technology … Learn More

Subrogation Allowed Despite Indemnification By Insured

Posted by Gary L. Wickert on January 21, 2014

In reviewing a three-year-old property subrogation file for a client recently, we noticed repeated references in the claim notes to the lack of subrogation due to the fact that the insured had agreed to indemnify the tortfeasor for any damages … Learn More

New Jersey Court Of Appeals Imposes New Duty Specific To Persons Who Send Text Messages To Drivers

Posted by Bradley W. Matthiesen on September 30, 2013

Kubert v. Best and Colonna, Superior Court of New Jersey Appellate Division, Docket No. A-1128-12T4 FACTS Plaintiffs were seriously injured by an 18-year-old driver who was texting while driving and crossed the centerline of the road. The plaintiffs’ clams for … Learn More

Do Liability Waivers Really Work?

Posted by Richard A. Schuster on September 30, 2013

Gym owners, dance studios, night clubs, martial arts clubs, and other businesses often require their customers to sign liability waivers before they are allowed to engage in potentially dangerous physical activities. However, do these liability waivers really protect business owners … Learn More

New Mexico Supreme Court Holds Assignment of Subrogation Interest Ineffective

Posted by Gary L. Wickert on September 18, 2013

Urban legends and old wives’ tales are everywhere. If you eat within an hour of swimming, you will get cramps. Chocolate causes acne. Carrots improve your vision. You can catch a cold by standing outside in the cold. You can … Learn More

Understanding Comparative Fault, Contributory Negligence, and Joint and Several Liability

Posted by Gary L. Wickert on August 26, 2013

Effective subrogation requires a thorough understanding of some of the more confusing legal terms we must all work with. Matthiesen, Wickert & Lehrer, S.C. has compiled a list of the various laws in every state dealing with whether the state … Learn More