In three recent opinions, two state and one federal, courts reached different results on the constitutional limits of courts exercising personal jurisdiction. All involved the same product and defendant, LG Chem Ltd. and its...more
In June of last year we reported an affirmance from the Maryland Court of Special Appeals holding that a property owner owes a duty of care to the owners and occupants of neighboring properties to use and maintain that...more
The U.S. Court of Appeals for the Eighth Circuit recently reversed a district judge’s grant of summary judgment to a manufacturer in a product defect claim for an explosion at an ethanol plant. In Green Plains Otter Tail, LLC...more
Recently, the U.S. Supreme Court agreed to hear a manufacturer’s challenge to two state supreme court decisions (Minnesota and Montana) that allowed plaintiffs to bring product defect suits in states where the manufacturer...more
The Maryland Court of Special Appeals recently held in a reported opinion that a property owner owes a duty of care to the owners and occupants of neighboring properties to use and maintain that property in a reasonably safe...more
Subrogated insurers get a big win in Connecticut. In April, the Connecticut Supreme Court clarified, and effectively relaxed, the “default rule” for subrogation claims against a tenant in Connecticut. In DiLullo v. Joseph,...more
In a 14-page, unpublished opinion dated January 10, 2018, the U.S. Court of Appeals for the Eleventh Circuit affirmed a verdict now in excess of $1.5 million with interest in a subrogation claim that also involved uninsured...more
I. OVERVIEW -
On August 25, 2017, Hurricane Harvey made landfall near Rockport, Texas as a Category 4 Atlantic hurricane. It then stalled over Houston. After landfall, winds diminished but precipitation did not, and over...more
The most recent edition of the NFPA Journal, the Magazine of the National Fire Protection Association, highlights the unique dangers for large buildings under construction and renovation from significant fire damage to those...more
For the second time in the last three years, the U.S. Supreme Court has addressed the constitutional limits of a court’s ability to exercise jurisdiction over a defendant. The 14th Amendment limits the personal jurisdiction...more
In two recent decisions, federal courts sitting in New Jersey and Pennsylvania refused to dismiss subrogation claims filed by the insurers of a homeowner and lessees of apartments who suffered damages paid by their carriers....more
Determining where to file suit in a subrogation claim can have implications both monetarily and for convenience. Courts must have jurisdiction over a defendant for the case to proceed. The easiest path to jurisdiction is...more
The Amendments to Rule 26 -
In 2010, Federal Rule of Civil Procedure 26 was amended to provide new limitations on the discovery allowed for testifying experts in federal court cases. The most significant changes with...more