Michael Durr – Quist, Cone & Fisher

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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Manuel v. MDOW INSURANCE COMPANY

Opinion Affirming Expert Testimony Admission

Federal appellate court narrowly affirms the admission of origin-and-cause expert testimony in Arkansas arson case…more
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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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Areas of Practice
  • Construction Law
  • Insurance
  • Products Liability
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