The court granted the third-party defendant’s first motion to dismiss for lack of general jurisdiction but permitted the parties to conduct jurisdictional discovery. After the close of jurisdictional discovery, the...more
1/23/2025
/ Damages ,
Data Breach ,
Discovery ,
Due Process ,
Fourteenth Amendment ,
Jurisdiction ,
Manufacturers ,
Motion to Dismiss ,
Negligence ,
Personal Jurisdiction ,
Product Defects ,
Specific Jurisdiction ,
State and Local Government ,
Subrogation
In Phila. Indem. Ins. Co. v. Gonzalez, No. 1-23-0833, 2024 Ill. App. Unpub. LEXIS 1372, the Appellate Court of Illinois considered whether the terms of a lease agreement limited a tenant’s liability for fire damages, a fire...more
In Ohio Sec. Ins. Co v. Brakefire, Inc., CA. No. 5:24-cv-267, 2024 U.S. Dist. LEXIS 97606 (Brakefire), the United States District Court for the Northern District of Ohio considered whether a subrogating plaintiff’s negligence...more
7/9/2024
/ Breach of Contract ,
Claim Limitations ,
Contract Terms ,
Insurance Claims ,
Insurance Industry ,
Liability ,
Negligence ,
Property Damage ,
Property Insurance ,
State Law Tort Claims ,
Statute of Limitations ,
Subrogation ,
Waivers
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 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 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
In Kenney v. Watts Regulator Co, No. 20-2995, 2021 U.S. Dist. LEXIS 4539 (E.D. Pa. Jan. 11, 2021), the United States District Court for the Eastern District of Pennsylvania considered whether to exclude the plaintiff’s...more
3/31/2021
/ Breach of Warranty ,
Design Defects ,
Expert Testimony ,
Failure To Warn ,
Federal Rules of Evidence ,
Homeowner's Insurance ,
Manufacturing Defects ,
Negligence ,
Pennsylvania ,
Strict Liability ,
Summary Judgment ,
Water Damage
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 Rural Mut. Ins. Co. v. Lester Bldgs., LLC 2019 WI 70, 2019 Wisc. LEXIS 272, the Supreme Court of Wisconsin considered whether a subrogation waiver clause in a construction contract between the defendant and the plaintiff’s...more
7/15/2019
/ Breach of Contract ,
Business Torts ,
Construction Contracts ,
Construction Defects ,
Construction Industry ,
Contract Terms ,
Damages ,
Insurance Litigation ,
Negligence ,
Property Damage ,
Property Insurance ,
Subrogation ,
Waivers
In Morse v. Fisher Asset Management, LLC, 2019 Pa. Super. 78, the Superior Court of Pennsylvania considered whether the plaintiff’s action was stayed when the trial court dismissed the plaintiff’s complaint after sustaining...more
In Kmart Corp. v. Herzog Roofing, Inc., 2018 Wisc. App. Lexis 842, the Court of Appeals of Wisconsin considered whether the economic loss doctrine barred the plaintiff’s negligence claims against the defendant roofer for...more
In Kim v. Toyota Motor Corp., 6 Cal.5th 21 (Cal. 2018), the Supreme Court of California considered whether the trial court properly allowed the defendant to introduce evidence of industry custom and practice in defense of a...more
In Blok Builders, LLC v. Katryniok, 2018 Fla. App. LEXIS 1312, the Court of Appeals of Florida for the Fourth District considered whether Florida Statute § 725.06 applied to a contract for the excavation of various...more