In Commercial Painting Co. v. Weitz Co. LLC, No. W2019-02089-SC-R11-CV, 2023 Tenn. LEXIS 39 (Weitz), the Supreme Court of Tennessee (Supreme Court) considered whether the economic loss doctrine barred the plaintiff’s claims...more
11/9/2023
/ Appeals ,
Construction Contracts ,
Economic Loss Doctrine ,
Fraud ,
Misrepresentation ,
Motion for Summary Judgment ,
Negligence ,
Punitive Damages ,
Service Contracts ,
TN Supreme Court ,
Uniform Commercial Code (UCC)
In HDI Glob. SE v. Magnesium Prods. of Am., Inc., No. 360385, 2023 Mich. App. LEXIS 2602 (Magnesium Prods.), the Court of Appeals of Michigan (Court of Appeals) considered whether the lower court erred in dismissing the...more
In Safeco Ins. Co. of Ill. v. LSP Prods. Grp., 2022 U.S. Dist. LEXIS 139566, the United States District Court for the District of Idaho (District Court) considered whether the plaintiff’s tort claims against the manufacturer...more
In 2700 Bohn Motor, LLC v. F.H. Myers Constr. Corp., No. 2021-CA-0671, 2022 La. App. LEXIS 651 (Bohn Motor), the Court of Appeals of Louisiana for the Fourth Circuit (Court of Appeals) considered whether a subrogation waiver...more
5/12/2022
/ Anti-Indemnification Statutes ,
Appeals ,
Construction Contracts ,
Contractors ,
Deductibles ,
Indemnification Clauses ,
Liability ,
Louisiana ,
Motion for Summary Judgment ,
Subcontractors ,
Subrogation ,
Waivers
In 27-35 Jackson Ave., LLC v. Samsung Fire & Marine Inc. Co., No. A-2925-19, 2021 N.J. Super LEXIS 120, the Superior Court of New Jersey, Appellate Division (Appellate Division) considered whether the lower court properly...more
In Westfield Inc. Co. v. Ritcher, No. 20-CV-12692, 2021 U.S. Dist. Lexis 94926, the United States District Court for the Eastern District of Michigan considered whether a residential tenant was an implied co-insured on the...more
Pennsylvania recognizes the malfunction theory in product liability cases. This theory allows a plaintiff to circumstantially prove that a product is defective by showing evidence of a malfunction and eliminating abnormal use...more
In Penn-America Insurance Company v. Bay State Gas Company, 96 Mass. App. Ct. 757 (2019), the Appeals Court of Massachusetts considered whether the plaintiff’s claims against the defendant, arising from an alleged defect in...more
2/4/2020
/ Appeals ,
Construction Defects ,
Construction Project ,
Failure To Maintain ,
Insurance Industry ,
Motion for Summary Judgment ,
Natural Gas ,
Oil & Gas ,
Reversal ,
Statute of Repose ,
Subrogation ,
Utilities Sector
In Westfield Ins. Group v. Pure Renovations, LLC, 2019-Ohio-4773, 2019 Ohio App. LEXIS 4829, the Court of Appeals of Ohio considered whether the lower court properly granted the defendant’s summary judgment motion. In its...more
In Joella v. Cole, 2019 PA Super. 313, the Superior Court of Pennsylvania recently considered whether a tenant, alleged by the landlord’s property insurance carrier to have carelessly caused a fire, was an implied co-insured...more
11/15/2019
/ Appeals ,
Co-Insured Issues ,
Cross Motions ,
Fires ,
Landlord and Tenant Acts ,
Landlords ,
Motion for Summary Judgment ,
Policy Terms ,
Property Damage ,
Property Insurance ,
Reasonable Expectation of Coverage ,
Rental Property ,
Subrogation ,
Tenants