Commercial Law & Contracts, Products Liability, Civil Remedies

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 Addresses Horizontal Exhaustion Requirement

by Traub Lieberman Straus & Shrewsberry LLP on 4/16/2013

In the recent decision Kaiser Cement & Gypsum Corp. v. Insurance Company of the State of Pennsylvania 2013 Cal. App. LEXIS 269 (2nd Dist. April 8, 2013), the California Court of Appeal considered whether horizontal or...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

Spilled Milk: District Court Judge Sides with Policyholder in Recall Damages Dispute

by Aisha Cassis, Jonathan M. Cohen | Gilbert LLP on 1/14/2013

On January 8, 2013, a Minnesota federal district court granted summary judgment in favor of a policyholder who sought coverage from its commercial general liability insurer for contract damages stemming from the recall of...more

Product Liability Advisory - December 2012: Product Manufacturers and the Importance of Understanding Personal and Advertising...

by Harmon L. (Monty) Cooper | Sedgwick LLP on 12/24/2012

In product liability actions, claims against manufacturers often involve bodily injury or property damage. But manufacturers can also be exposed to “personal and advertising” injuries, which don’t involve property damage but...more

Federal Court Ruling Validates Industry Concerns with CPSC Database

by Morrison & Foerster LLP on 11/1/2012

The Consumer Product Safety Commission’s (“CPSC”) product safety database suffered its first successful legal challenge in a recent ruling by a Maryland federal judge. U.S. District Judge Alexander Williams Jr.’s opinion in...more

Product Liability Risk In Licensing Trademarks With Technology

by Foley Hoag LLP - Trademark, Copyright &... on 10/12/2012

A Connecticut Superior Court judge has upheld a jury verdict that once again demonstrates the product liability risks faced by trademark licensors, particularly those who license technology as well as their marks. In Hannibal...more

An Individualized Motor Vehicle Recall Information Database? Will OEMs and Suppliers Get the Bill?

by Dickinson Wright on 9/13/2012

An Overview of Proposed Amendments to Defect Notification and Early Warning Reporting Regulations Tucked away in the recently enacted 584 page "Moving Ahead for Progress in the 21st Century Act" is a small provision...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

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

Florida Court Finds No Coverage for Chinese Drywall Claim

by Traub Lieberman Straus & Shrewsberry LLP on 7/18/2012

In its recent decision in First Specialty Insurance Corp. v. Milton Construction Co., 2012 U.S. Dist. LEXIS 97972 (S.D. Fla. July 16, 2012), the United States District Court for the Southern District of Florida had occasion...more

General Liability Insurance After The EL Trigger Litigation -- What Is The Current State of Policy Attachment in Injury Cases?

by Sedgwick LLP on 7/18/2012

On 28 March 2012, the UK Supreme Court handed down its eagerly anticipated judgment in Durham v BAI, otherwise known as the “EL Trigger Litigation”. Much has already been written about the decision itself. In this bulletin we...more

A 100% Naturally Bad Preemption Decision

by Dechert LLP on 4/25/2012

Sometimes a decision bounces around a bit before it lands on our plates. But when we finally spot it and read it, we realize it might be worth a quick chew. It may be a tasty little tidbit like a particularly good Twiqbal...more

The Long Tail of Construction Defect Liability: When Does It End?

by Snell & Wilmer L.L.P. on 4/17/2012

Originally published in Colorado Construction & Design Magazine. (2012). Colorado law imposes deadlines on when defect claims may be asserted. How, when and to whom these deadlines apply has been historically less than...more

Ninth Circuit Holds Plaintiff in Consumer Class Action Must Allege Plausible Nexus Between Alleged Product Defect and Safety...

by Sedgwick LLP on 4/4/2012

Consumer fraud class actions seeking damages for allegedly defective products that, for one reason or another, have not satisfied the purchasers' expectations have become as commonplace as traffic gridlock in Los Angeles. ...more

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Commercial Law & Contracts › Products Liability › Civil Remedies

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

California Court Addresses Horizontal Exhaustion Requirement

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

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

Spilled Milk: District Court Judge Sides with Policyholder in Recall Damages Dispute

Product Liability Advisory - December 2012: Product Manufacturers and the Importance of Understanding Personal and Advertising...

Federal Court Ruling Validates Industry Concerns with CPSC Database

Product Liability Risk In Licensing Trademarks With Technology

An Individualized Motor Vehicle Recall Information Database? Will OEMs and Suppliers Get the Bill?

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

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

Florida Court Finds No Coverage for Chinese Drywall Claim

General Liability Insurance After The EL Trigger Litigation -- What Is The Current State of Policy Attachment in Injury Cases?

A 100% Naturally Bad Preemption Decision

The Long Tail of Construction Defect Liability: When Does It End?

Ninth Circuit Holds Plaintiff in Consumer Class Action Must Allege Plausible Nexus Between Alleged Product Defect and Safety...

Missouri Court Holds That Economic Loss Doctrine Bars Plaintiff's Tort Claims

Liability for Investigational Drugs That Work (Perhaps Too Well)

Illinois Court Addresses Liquor Liability Exclusion

Limitation of Liability in a Supply Contract

Coffee's On: Claims Dismissed in Single-Cup Brewing Class Litigation

Proposed TV Class Action Dismissed Again

Product Recall Insurance – Court Upholds Another Coverage Denial

First Circuit Holds That Warranty Not Exclusive Remedy When Repeated Corrective Efforts Fail

Tackling Pollution Exclusions To Chinese Drywall Claims

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