Commercial Law & Contracts, Products Liability, Civil Procedure

The Evolving Law of Personal Jurisdiction May Affect International Supply Chain Risk

by Jonathan M. Cohen, Katrina Johnson | Gilbert LLP on 5/9/2013

In the last two months, the United States Supreme Court granted review in two cases involving the limits of federal court jurisdiction over foreign companies: DaimlerChrysler AG v. Bauman, No. 11-965 (cert. granted Apr. 22,...more

Courts Are Liberally Construing Litigation Insurance Coverage for Class Action Defenses and So Should Defendants

by C. Zachary Rosenberg, Judy Selby | BakerHostetler on 5/8/2013

Although the Supreme Court continues to set the bar for class certification higher and higher, plaintiffs’ attorneys continue to file class action lawsuits of questionable merit. The litigation costs required to gain...more

Weekly Law Resume - April 26, 2013: Insurance Coverage – Excess v Primary Carriers and Horizontal Exhaustion

by David L. Blinn | Low, Ball & Lynch on 5/8/2013

Kaiser Cement & Gypsum Corp. v. Insurance Company of the State of Pennsylvania Court of Appeal, Second District (April 8, 2013) Last year, in State of California v. Continental Insurance Company (2012) 55 Cal.4th...more

Kaiser Opinion May Affect Ability to Stack Policies issued by Single Carrier

by Unnati Gandhi | Farella Braun + Martel LLP on 5/6/2013

Policyholders should continue to assert that limits can be stacked in situations where there is continuing damage, despite the California Court of Appeals’ latest decision in Kaiser Cement & Gypsum Corp. v. Insurance Company...more

California Court of Appeal Again Finds No Stacking of Liability Policy Limits

by Larry Golub | Barger & Wolen on 4/15/2013

Nearly two years ago, the California Court of Appeal for the Second Appellate District issued a decision that upheld the concept of horizontal exhaustion of primary liability policy limits before triggering the obligation of...more

Drowning in a Sea of Tort: The Florida Supreme Court Reels in the Economic Loss Rule

by April Boyer, Stephanie Moot | K&L Gates LLP on 4/10/2013

On March 7, 2013, the Florida Supreme Court in Tiara Condominium Assoc., Inc. v. Marsh & McLennan Companies, Inc. expressly limited the application of the economic loss rule to products liability cases. 2013 WL 828003 (Fla....more

Illinois Appeals Court Reaffirms Zurich v. Raymark, Strengthens All Sums Precedent Under Illinois Law

by Mickey Martinez, Mark Packman, Kami Quinn | Gilbert LLP on 3/19/2013

In a significant victory for policyholders, the Illinois Appellate Court reversed a trial court decision that John Crane, Inc. (“Crane”) had no excess coverage for asbestos bodily injury claims. By so ruling, the appeals...more

Business Litigation Update: The Economic Loss Rule Exiled to its Humble Beginnings

by Fuerst Ittleman David & Joseph, PL on 3/11/2013

Florida’s “economic loss doctrine” (or, the “Rule”), which bars recovery in tort where a contract exists between the parties, is one of Florida’s most hotly contested legal doctrines. The doctrine appears to be fluid,...more

Florida Supreme Court Limits Application of the Economic Loss Rule to Product Liability Cases

by Adolfo Jimenez, Rodolfo Sorondo | Holland & Knight LLP on 3/8/2013

Earlier today, the Florida Supreme Court published an important decision in Tiara Condominium Association, Inc., etc. v. Marsh & McLennan Companies, Inc., et al., No. SC10-1022 (March 7, 2013). The case was before the court...more

Pennsylvania Makes Its Mark on National Chinese Drywall Coverage Dispute with “One Occurrence” Decision

by Andrea Cortland | Cozen O'Connor on 3/5/2013

On February 15, 2013 a Pennsylvania federal district court held that the shipment of defective drywall from China to the United States constituted one “occurrence” for purposes of insurance coverage, and the occurrence took...more

REINSURANCE CLIENT ALERT: New York Court of Appeals Reverses Summary Judgment on Follow-The-Settlements Case

by Larry Schiffer | Patton Boggs LLP on 2/11/2013

U.S. Fid. & Guar. Co. v. Am. Re-Ins. Co., No. 1 (N.Y. Ct of App. Feb. 7, 2013) - In a closely watched asbestos settlement allocation case, the New York Court of Appeals has modified the order of an intermediate appellate...more

Glazer Should Be Added to SCOTUS' Class Action Docket

by Kirk Jenkins | Sedgwick LLP on 11/16/2012

As I’ve noted in several previous posts, the new term at the U.S. Supreme Court is shaping up as a major one for class action litigation. Today I preview Whirlpool Corp. v. Glazer, a case still in the petition stage which the...more

Pro Te Solutio - Vol. 5 No. 3 August 2012

by Butler, Snow, O'Mara, Stevens and Cannada,... on 11/12/2012

In This Issue: - Diversity In Clinical Trials: The Need For Diversity To Ensure Safety And Efficacy - Federal Removal Statutes: A Review Of The Federal Courts Jurisdiction And Venue Clarification Act Of 2011 -...more

Jennifer Black Strutt on In re: Federal-Mogul Global Inc.: Third Circuit Holds Bankruptcy Code Preempts Anti-Assignment...

by McCarter & English, LLP on 11/12/2012

Federal-Mogul Global, Inc., one of the world’s largest manufacturers of automobile parts, and over 150 affiliates (collectively “Federal-Mogul”), filed for Chapter 11 bankruptcy as a result of asbestos-related liabilities. At...more

Toxic Tort and Environmental Law Update - October 2012: Washington Supreme Court Makes a Surprising About-Face in Third-Party...

by Sedgwick LLP on 11/8/2012

The Supreme Court of Washington recently decided the case of Macias v. Saberhagen Holdings, Inc. – a decision that flows against the trend of courts ruling that manufacturers of non-asbestos containing products cannot be held...more

Florida Court Allows Extrinsic Facts for Determining Duty to Defend

by Traub Lieberman Straus & Shrewsberry LLP on 10/16/2012

In its recent decision in Composite Structures, Inc. v. Cont'l Ins. Co., 2012 U.S. Dist. LEXIS 147320 (M.D. Fla. Oct. 12, 2012), the United States District Court for the Middle District of Florida considered if and when an...more

Product Liability Update -- October 2012

by Foley Hoag LLP on 10/2/2012

In This Issue: Massachusetts Federal Court Holds Japanese Escalator Accident Study Inadmissible for Lack of Authentication and Demonstrated Connection to Facts of Case, Defendant’s Introduction of New Shoe Design in...more

Court Hands Insurers Win in Food Fight Over E. Coli Claims

by Sedgwick LLP on 7/31/2012

In Republic Underwriters Ins. Co. v. Moore, 2012 WL 2948177 (10th Cir. (Okla.) July 20, 2012), the U.S. Court of Appeals for the 10th Circuit, applying Oklahoma law, sided with a restaurant’s insurers and held that multiple...more

No Expert Needed for Breach of Express Warranty Claim — Burden Shifts to Defense

by Ballard Spahr LLP on 7/27/2012

In a published opinion, the Appellate Division of the New Jersey Superior Court held that a plaintiff need not present expert evidence to establish a prima facie case of breach of express warranty. Instead, a plaintiff simply...more

English Law Reinsurance Contracts May Not Cover Asbestos or Other U.S. Liabilities

by Pillsbury Winthrop Shaw Pittman LLP on 7/24/2012

In the words of the Court of Appeal in Faraday Reinsurance Co Ltd v Howden North America Inc & Anor [2012] EWCA Civ 980 (20 July 2012), "it would be idle to pretend that the English courts and the American (including the...more

10th Circuit Holds Food Poisoning Claims Arose Out of Single Occurrence

by Traub Lieberman Straus & Shrewsberry LLP on 7/24/2012

In its recent decision in Republic Underwriters Ins. Co. v. Moore, 2012 U.S. App. LEXIS 14907 (10th Cir.), the United States Court of Appeals for the Tenth Circuit, applying Oklahoma law, had occasion to consider whether...more

Hot Stuff and Little Lady: Two Food Recall Insurance Coverage Cases with Two Different Outcomes

by Gilbert LLP on 7/23/2012

A U.S. district judge in South Dakota has recently interpreted a provision of an accidental product contamination insurance policy in favor of the policyholder, finding that a recall resulting from the failure to include...more

Appellate Division Rules That, Under New York Law, Multiple Asbestos Claims May Constitute a Single Occurrence if Insurance...

by K&L Gates LLP on 7/12/2012

Five years ago, the New York Court of Appeals held in Appalachian Insurance Company v. General Electric Company, 8 N.Y.3d 162, 831 N.Y.S.2d 742 (2007) (“Appalachian”), that asbestos claims against a policyholder constituted...more

Does Florida Recognize a Duty to Warn in Spanish or Additional Languages Other Than English?

by Carlton Fields on 7/2/2012

In product liability suits, plaintiffs often premise liability on an alleged “failure to warn.” This type of claim can travel under negligence or strict-liability theories, or both. While there are some distinctions between...more

Settling the Settlement Negotiation Privilege

by Sedgwick LLP on 6/6/2012

Most litigation is settled before it reaches trial. When negotiating a settlement, parties should consider whether statements made in the course of those negotiations (which may take either written or oral form) are subject...more

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Commercial Law & Contracts › Products Liability › Civil Procedure