Michael Durr – Quist, Cone & Fisher

American Family v. City of Minneapolis (8th Cir. 2016)

Affirming Summary Judgment

American Family and Liberty Mutual (Appellants) sued the City of Minneapolis after a water-main break in the City flooded the basement condominiums and street-level window wells in the the nearby Sexton building. On appeal,…more
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City of Morristown v. AT&T (EDTN 2016)

Order Denying Summary Judgment

A thoroughly confused, plaintiff-friendly decision on the economic loss rule in Tennessee. Briefing attached…more
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Acadia v. United States

Complete Trial Transcript

Pages 209-10 BY MR. GRINKE: Q Is my understanding correct? A My understanding is that that the Rule 26 report, as well as the affidavits and the testimony today, should have met the NFPA 921 2014 edition. And the testimony…more
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2016 Tennessee Subrogation Guide 2.0

A few mid-year tweaks…more
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Singleton v. Arkansas Housing Authority

2016 Briefing on Motion to Strike Fire Alarm Expert (Acoustic Soot Agglomeration)

Heavyweight briefing on a motion to strike a residential fire alarm expert. My money is on the defendants here, by a lot. Good resources on Acoustic Soot Agglomeration…more
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Omega Flex Flashshield - LUBBOCK CITY COUNSEL - THURSDAY, MAY 12, 2016

MR. SCANLAN: And so I'd just like to reiterate what Dr. Dickens said, is that it's not our position that this type -- this FlashShield product is inferior or that it doesn't work. You know, it's a --it's a good product. It's a…more
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SPO Go Holdings v. W&O Construction (MD Tenn. 2016)

Order Denying Motion to Dismiss

Now the leading case on the economic loss rule in Tennessee for real property. Plaintiff-friendly too…more
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2016 Tennessee Subrogation Guide

2016 Tennessee Subrogation Guide…more
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Acadia v. United States

Order Granting Directed Verdict

Subro denied to Acadia Insurance in a Federal Tort Claims Act case against the federal government. An important decision on whether smoking is within the course and scope of employment--a current and comprehensive discussion…more
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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
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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
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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
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Flexible Connectors - The Next CSST?

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