Michael Durr – Quist, Cone & Fisher

State Farm Mutual Auto Ins. Co v. Norcold, Inc.

Order Granting Plaintiff Summary Judgment

Order granting State Farm summary judgment in a classic RV refrigerator subrogation claim. Did Norcold just admit that its RV refrigerators are defective AND that its recall effort was inadequate?…more
Tatham v. Bridgestone Americas

Opinion Denying Summary Judgment

A blockbuster case that sets the Tennessee standard for spoliation definitively (finally!). Also provides plaintiff- friendly view of consumer expectation test and approves of apparent manufacturer doctrine. Win-Win…more

Goodson - A Hidden CSST Electrical Danger (Titeflex, Omega Flex, Wardflex, Counterstrike etc.)

CSST (Corrugated Stainless Steel Tubing) has been used for approximately two decades to pipe and deliver fuel gas in businesses and residences. Lightning vulnerability of CSST has been documented in previous research. We outline…more

Flexible Connectors - The Next CSST?

Expert reports and Dormont Manufacturing Testimony from Doucet v. Dormont Manufacturing (MD LA 2014)…more

Amount Recoverable in Subrogation, New Appleman on Insurance Law Library Edition ch.162, Sep. 2015

Chapter 162 examines the amounts recoverable by insurers in subrogation actions. Subrogation actions are claims brought by an insurer for damages paid to another. For the most part such claims are governed by traditional damages…more
Mahli v. Admiral Ins. Company

Order Excluding O&C Expert

Mahli’s complaint that Admiral chose to lock Agosti in to the information stated in his report by not deposing him is similarly deficient. The absence of deposition testimony from Agosti explaining why “he did not have enough…more

Opinion Affirming Expert Testimony Admission

Federal appellate court narrowly affirms the admission of origin-and-cause expert testimony in Arkansas arson case…more
The Board of Commissioners of the County of Jefferson v. Teton Corporation, Innovative Roofing Solutions, Inc., Gutapfel Roofing, Inc., and Daniel L. Gutapfel

Opion Enforcing AIA Waivers

Jefferson County, Indiana, can't assert a subrogation claim against several construction contractors to recover damages caused to the county courthouse in a devastating fire, the state high court ruled Wednesday, holding that…more

Texas Supreme Court Opinion Excluding Fire Causation Experts

As predicted here, the Texas Supreme Court has reversed the Court of Appeals, excluded the opinions of two of the four plaintiff experts, and rendered on behalf of the defendant. Briefing attached…more

Subrogation/Plaintiff - Friendly Protective Order

Quite tired of the oppressive protective orders that defendants keep suggesting, as well as their abusive designations of "confidential" material, so I've drafted one of my own to counter all that to provide greater sharing…more
Cincinnati Insurance Co. v. Banks, Court of Appeals, 6th Circuit 2015

Order Affirming Judgment and Admission of Lenntini and Morrill Testimony

Crushing defeat for Cincinnati for failing to establish arson in well-lawyered case by the plaintiffs. Challenges to testimony John Lentini and Jeff Morrill rejected. Key ruling: absence of PI license does not disqualify not an…more
American Automobile v. Omega Flex

Opinion Affirming Expert Exclusion & Admission

A predictable result that adds to Omega Flex's winning streak. Here's the key quote: "AAIC made no attempt to explain what opinion testimony was excluded until pages 5-6 of its Reply Brief, where counsel articulated what Dr…more
Windowizards v. Charter Oak

Order Compelling Production of Expert Communications

Good, straightforward discussion of what attorney-expert communications are discoverable in light of the recent changes to Rule 26…more
Arcadia Insurance v. USA

Order Denying Spoliation Sanctions

Truly awful spoliation opinion out of the the Northern District of Alabama. Plaintiff insurance carrier identifies subrogation potential almost instantly and waits more than two years (!)--and well after fire scene is completely…more
Konowitz v. Titeflex Corporation

Appellants' Brief

Appellants' opening brief on the merits…more
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Areas of Practice
  • Construction Law
  • Insurance
  • Products Liability
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