An insurer generally acquires its insured’s rights against tortfeasors through subrogation. But what happens if the insured enters into a settlement and releases the responsible third party? Does the release extinguish the...more
The Pennsylvania Supreme Court recently adopted the “no-coverage exception” in Arlet v. Workers’ Compensation Appeal Board. 2022 WL 529350 (Pa. 2022). As most subrogation professionals are aware, the anti-subrogation rule...more
3/1/2022
/ Apportionment ,
Insurance Claims ,
Insurance Litigation ,
Insurance Regulations ,
Jones Act ,
Maritime Transport ,
PA Supreme Court ,
Preemption ,
Subrogation ,
Workers Compensation Act ,
Workers' Compensation Claim ,
Workplace Injury
The tide is turning as another federal court declares that Amazon is responsible for third-party products purchased on its website. On January 7, 2020, the Southern District of Texas in McMillian v. Amazon.com, 433 F.Supp.3d...more
This past summer, the Third Circuit Court of Appeals issued a seminal opinion in Oberdorf v. Amazon.com, Inc., which held Amazon could be liable as a seller for products sold by third parties on its website. The issue however...more
12/19/2019
/ Amazon Marketplace ,
Appeals ,
Breach of Warranty ,
Business Litigation ,
Damages ,
Direct to Consumer Sales ,
Distributors ,
E-Commerce ,
Internet Retailers ,
Motion to Dismiss ,
Negligence ,
Retail Market ,
Retailers ,
Sales & Distribution Agreements ,
Strict Liability ,
Subrogation ,
Summary Judgment ,
Third-Party Relationships
Historically, many jurisdictions have held that Amazon was not a “Seller” when considering products sold on its website by third-party vendors. Recently, a U.S. Court of Appeals held for the first time that Amazon was a...more
In my article last month, “Should Amazon be Liable for Products Sold in its Marketplace,” I discussed how the Fourth Circuit, like many courts before it, ruled Amazon was not a “Seller” when considering products sold on its...more
7/9/2019
/ Amazon ,
Amazon Marketplace ,
Appeals ,
Business Model ,
Communications Decency Act ,
Multi-Factor Test ,
Product Defects ,
Restatement of Torts ,
Strict Liability ,
Third-Party ,
Vendors
Amazon, the largest e-commerce website in the world and a member of the “Big Four” has repeatedly, and successfully, argued that the company is not liable for harm caused by the defective products that are sold by third...more
Imagine you just received an email with the subject line “New Assignment – April 15, 2019 loss – Paris, France.” You open the email and learn that you will be assisting in the rebuilding of Notre Dame....more
A recent Pennsylvania decision highlights the difficulties and critical issues associated with identifying potentially liable parties in pipe freeze cases.
...more