Michael Durr – Quist, Cone & Fisher

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
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GHARDA USA, INC. and GHARDA CHEMICALS, LTD. v. CONTROL SOLUTIONS, INC., UNITED PHOSPHORUS, INC. and MARK BOYD

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
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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
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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
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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
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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
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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
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2015 Tennessee Subrogation Cheat Sheet

A few tweaks. Good luck with your Tennessee recoveries in 2015…more
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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
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Tincher v. Omega Flex

Supreme Court Opinion Remanding to Trial Court

Pennsylvania Supreme Court opinion remanding case to trial court for further consideration…more
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Interline Brands Water Supply Line Claims, Lawsuits and Depositions

Interline Brands, Inc.'s water supply lines claims, lawsuits and depositions…more
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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
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Atlantic Specialty v. Charlie Adventures

Order Excluding Experts in Fire Case

Order excluding origin-and-cause experts in boat fire case…more
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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
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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
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Areas of Practice
  • Construction Law
  • Insurance
  • Products Liability
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