Michael Durr – Quist, Cone & Fisher

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
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
Jannell Williams, et al. v. Werner Enterprises, Inc.

West Virginia Supreme Court Opinion 2015

An utterly ridiculous spoliation decision from the West Virginia Supreme Court…more

2015 Tennessee Subrogation Cheat Sheet

A few tweaks. Good luck with your Tennessee recoveries in 2015…more
ACE American v. Eaton Corporation

Order excluding expert and granting summary judgment

Order excluding expert and granting summary judgment in 7-figure subrogation claim against Eaton Corporation for a defective "electric meter pan with circuit breakers" which had been installed in the building prior to the fire…more
Tincher v. Omega Flex

Supreme Court Opinion Remanding to Trial Court

Pennsylvania Supreme Court opinion remanding case to trial court for further consideration…more

Interline Brands Water Supply Line Claims, Lawsuits and Depositions

Interline Brands, Inc.'s water supply lines claims, lawsuits and depositions…more
Employers Mutual v. Freightnliner (10th Cir. 2014)

Appellate and Trial Court Orders Excluding Damages Proof

How to lose $500,000 in damages. Appellate decision affirming the exclusion of damages proof. Tragic because the subrogating carrier, EMC, ultimately obtained a plaintiff's verdict and judgment in a difficult product's case…more
Atlantic Specialty v. Charlie Adventures

Order Excluding Experts in Fire Case

Order excluding origin-and-cause experts in boat fire case…more
Travelers Indem. Co. v. Crown Corr, Inc., 2014 U.S. App. LEXIS 21101 (9th Cir. 2014)

Order Affirming Dismissal and Awarding Fees

Order affirming dismissal of Travelers subrogation claim through AIA subrogation waivers and affirming award of fees and costs of more than $105,000…more
International Paper v. Deep South Equipment

Order Granting Daubert Challenges

An unsual Daubert exclusion in that is based largely on qualifications. Stunning that an expert with these qualifications would be retained on what was probably an 8-figure loss. Here is the key quote: "The court does not hold…more
State Farm v. Interline 2:13-cv-02844-STA-tmp

Interline Deposition and Pleadings

Recent pleadings and discovery in Interline supply line case in Tennessee…more
Lee v. Smith & Wesson Corp.

Opinion Reversing Daubert Exclusion

Lee was injured while shooting a revolver made by Smith & Wesson. In his product liability suit alleging a defect in the firearm, the only expert evidence regarding how a defect in the firearm could have caused the injury was…more
Security National Bank v. Abbott Laboratories

Memorandum & Order Regarding Sanctions

A long overdue and exceptionally well done discourse on obstructionist discovery tactics in federal court depositions. Bravo…more

Drone Photos of Fire Scene

Aerial photos of a Tennessee fire loss site taken by drone…more
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Knoxville, Tennessee 37929, United States

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Areas of Practice
  • Construction Law
  • Insurance
  • Products Liability
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