Peter A. Lynch is resident in the San Diego office, where he concentrates his practice in representing individuals, companies, and insurers impacted by catastrophes, including subrogation and recovery, environmental matters, contracts, and other civil matters.
Peter handles a multitude of recovery claims including wildfires, explosions, fires and other catastrophes. He represents companies and insurers on commercial and personal line losses arising out of those incidents. Peter is an Internet columnist for Interfire.org for breaking news on fire investigation matters.
Active in bar and the community, Peter is a member of the San Diego County Bar Association's Ethnic Relations and Diversity Committee, as well as the firm's Diversity and Inclusion Committee.
For his service with the Marines in Iraq, Peter received a Bronze Star, he received the Defense Meritorious Service Award for his service in Afghanistan. He was awarded a prestigious Pro Bono (CLAY) Award by the State Bar of California for work for Judy Booher, whose son was tragically killed as a fire fighter. As a result of this case, the Brett Alan Laws Act was signed by the governor of California to protect emergency personnel.
Peter earned his Bachelor of Science at Illinois State University, where he was named Outstanding Senior, Department of Corrections, and his law degree at Southern Illinois University, where he was named Outstanding Senior, Environmental Law.
Publications
March 06, 2013
Data from an ISO Property Claim Services search reveals commercial wind losses—which can lead to sign claims—climbed from $2 billion in 1989 to $7 billion in just a decade. With a range of sign mishaps on the rise, more and more claims professionals are looking to subrogation for recoveries. However, understanding the current legal landscape and the often overlooked technical intricacies of sign failure is critical for maximizing subrogation potential.
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December 01, 2011
Sentence First/Verdict Afterwards-Justice in Afghanistan - CAFI -
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December 01, 2011
'Burning' Issues in Fireplace Losses - CAFI -
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December 01, 2011
EDRs for the Claims Adjuster - Claims Magazine -
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November 01, 2011
Follow the Yellow Brick Recovery Road-Social Media Enhances Subrogation Evaluation - Claims Magazine -
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October 01, 2011
Wildfire Losses: Igniting a Recovery Claim - Claims Advisor Online -
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October 01, 2011
Through the Looking Glass-Subrogation Issues for the Catastrophe Adjuster - Claims Magazine -
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October 11, 2010
Wildfire Losses: Igniting a Recovery Claim - Claims Advisor - Your BlackBerry beeps, revealing a series of new loss assignments. It must be fire season—again. So far in 2010, California has seen a multitude of wildfires (Crown, West, Bull, etc). Colorado also experienced devastating property loss from late summer blazes, and other states—albeit with fewer headlines—fell victim to widespread forest fires and the resulting economic losses. For insurance professionals, wildfire claims can
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August 16, 2010
Can I File Suit in The U.S. Against A Foreign Entity, And If So, Is It Worth It? An Analysis of Personal Jurisdiction and Enforcement of Judgments Against Foreign Entities - Subrogation and Recovery Alert! - Have you ever handled a subrogation claim involving a product manufactured outside the U.S.? For most of us, the answer is an overwhelming yes. For such losses, many claims professionals are not aware of the ability to file suit in the U.S. against the responsible foreign manufacturers and sellers. This Alert discusses the criteria for asserting jurisdiction in the U.S. against a foreign tortfeasor, both for losses occurring in the U.S., as well as abroad.
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July 22, 2010
Update on the Implied Coinsured Rule (Subrogating Against a Tenant) - Subrogation and Recovery Alert! - A recent Wisconsin case clarifies an insurer's subrogation rights in the landlord-tenant context. When a tenant causes a loss and the landlord's insurer pays to repair the damage, the question in Wisconsin has been: Can the landlord's insurer recover against the tenant? In Wisconsin and other states, the landlord must show the tenant negligently or intentionally caused the damage. For further explanation,
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February 01, 2010
California Court of Appeals Permits Fire Case Against Modifier of Ferrari Proceed - CAFI -
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June 01, 2009
New York Spontaneous Combustion Case - CAFI -
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January 09, 2009
2008 Southern California Wildfires: Analysis of Recovery Issues - Cozen O'Connor Whitepaper - As many of you are aware, Cozen O’Connor is one of the lead counsel in the pending litigation involving the 2007 Southern California Wildfires. We have created an additional task force to research recovery issues arising out of the 2008 wildfires. We are pleased to present Cozen O’Connor’s Subrogation White Paper, 2008 Southern California Wildfires: Analysis of Recovery Issues.
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January 01, 2009
Maryland Court Permits Fire Case Against Management Company for Fire Code Violations Even Though Fire Determined to be Arson - CAFI -
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October 01, 2008
10th Circuit Permits Expert to Testify Over Daubert Objection - California Fire/Arson Investigator - 7 pgs. Legal updates regarding the 10th Circuit, Colorado Court of Appeals, and the Court of Appeals at Ohio.
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August 29, 2008
Recall Information from 8/29/2008 - Breaking Legal News and/or Recall Alerts - 14 pgs. Recalls covering: Gas grills at Lowe’s Stores, Remote-Controlled Helicopter Toys by Innovage, Indoor Lighting Fixtures by Lithonia, HP Fax Machines, and Power Light Modules by GCI.
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August 29, 2008
10th Circuit Permits Expert to Testify Over Daubert Objection/Colo. CT Appeals Holds Willful and Wanton Conduct May Overcome Fire Alarm Limitation of Liability Contract Provision - Breaking Legal News and/or Recall Alerts - A 10th circuit court upheld a decision allowing an expert to testify as the court felt it should be left to the jury to decided what to believe. The Court of Appeals of Colorado made a decision that limitation of liability causes are not necessarily applicable in cases of willful and wanton conduct.
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July 27, 2008
Summer 2008 - Commercial Disputes Observer -
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July 01, 2008
Summer 2008 - Subrogation and Recovery Observer -
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March 21, 2008
Recall Information from 3/21/2008 - Breaking Legal News and/or Recall Alerts - Salton Inc. Recalls Electric Toasters Due to Fire Hazard
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March 14, 2008
Recall Information from 3/14/2008 - Breaking Legal News and/or Recall Alerts - J.C. Penney Recalls Cooks Deep Fryers; Hamilton Beach Recalls Toasters; Portable Air Compressors Sold Exclusively at Advance Auto Parts Stores; Pier 1 Imports Recalls Tealight Candle Holders
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March 07, 2008
LDR Industries Recalls Gas Connectors Due to Fire and Explosion Hazards - Breaking Legal News and/or Recall Alerts - 4 pgs. LDR voluntarily recalled its 1200 Series gas connectors due to fire and explosion hazards.
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February 22, 2008
Additional February 2008 Recalls - Breaking Legal News and/or Recall Alerts - This week covers:
(1) Cinderella Battery-Powered Toy Cars Recalled by Dumar International USA Due to Fire and Burn Hazards
(2) Portable Electric Heaters Recalled By Aloha Housewares Due to Fire Hazard
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January 25, 2008
Tenth Circuit Overturns District Court’s Exclusion Of Expert Testimony On Manufacturing Defect Even Where Expert Did Not Address Opposing Expert’s Explanations For Why Fire Could Not Have Resulted From A Defect - Breaking Legal Developments in Fire Investigation - In McCoy v. Whirlpool Corp. (Nov. 2007) 2007 U.S. App. LEXIS 28234, reversed a district court's judgment as a matter of law for whirlpool in a products liability action arising out of the alleged fire to Plaintiff's home due to a defect in their Whirlpool dishwasher. The Court of Appeal held that the District Court's exclusion of one of Plaintiff's expert testimony re the manufacturing defect in the dishwasher microswitch was erroneous
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January 25, 2008
Recall Information from 1/25/2008 - Breaking Legal News and/or Recall Alerts - NORDSTROM TAPER AND VOTIVE CANDLES;POTTERY BARN DECORATIVE CANDLES; THE WICK & PETAL CO. CANDLES; A.O. SMITH EXHAUST FAN ELECTRIC MOTORS; TORCHIERE LAMPS RECALLED BY L G SOURCING SOLD EXCLUSIVELY AT LOWE’S STORES; NORTH AMERICAN BREAKER CO. RECALLS COUNTERFEIT CIRCUIT BREAKERS; LENOX RECALLS COVERED WARMER DISHES; CHRISTMAS CANDLE SETS BY SPECIALTY MERCHANDISE CORP; DEWALT CORDLESS DRILLS
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December 14, 2007
Recall Information from 12/14/2007 - Breaking Legal News and/or Recall Alerts - Elmo USA Corp. Visual Presenters;Meijer inc. Firepits;General Electric Recalls Microwave Combo Wall Ovens Due to Fire Hazard
Black and Decker® Brand Toasters by Applica Consumer Products INC;Collins International Co. Oscillating Ceramic Heaters Sold at Menards Retailstores ;Hairstyling Irons Farouk Systems INC;Outdoor Vacuums With Honda Engines By Billy Goat Industries INC;Venmar Ventilation INC. Heat Recovery Ventilators
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December 14, 2007
Michigan Court Recognizes Rule That Arson Cases Can Be Proven Solely By Circumstantial Evidence - Breaking Legal Developments in Fire Investigation - In People v. Smith, 2007 Mich. App. Lexis 2460, the court upheld Defendant's arson/felony murder convictions based solely on circumstantial evidence that the fire was caused by arson. In this case, the circumstantial evidence consisted of the arson investigator's testimony that the fire had: two areas of origin in the basement, burning patterns consistent with the use of a flammable liquid accelerant, and evidence of a rag with an odor of gasoline.
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November 23, 2007
Recalls for the week of 11/23/2007 - Breaking Legal News and/or Recall Alerts - Birch Bark Wrapped Candles Recalled By Roost Due to Fire Hazard
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October 26, 2007
Recalls for 10/26/2007 - Breaking Legal News and/or Recall Alerts - This week covers:J.C. Penney Recalls Shag Rugs Due to Fire Hazard;Christmas Tree Shops Recalls Glitter Candles Due to Fire Hazard;P3 International Recalls IonizAir™ Air Purifiers due to Risk of Fire
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October 05, 2007
Recall Information from 10/05/2007 - Breaking Legal News and/or Recall Alerts - This week covers:Back to Basics Products Recalls Iced Tea Makers Due to Fire Hazard;Hayes Company Inc. Recalls Outdoor Candles Due to Fire and Burn Hazards;Salton Inc. and QVC Recall Electric Toasters Due to Fire Hazard
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October 01, 2007
Fall 2007 - Subrogation and Recovery Observer - As football season gets underway and the exciting post-season baseball action has
started, Cozen O’Connor’s Subrogation Department is pleased to announce the continued expansion of our team roster. The Fall 2007 edition of the Subro Observer includes the introduction of five new attorneys in Philadelphia, Charlotte, Chicago, San Diego, and Los Angeles.
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August 24, 2007
Apartment Owner Liable for Injuries Tenant Sustained Trying to Escape Apartment during Fire Where Apartment Had No Working Smoke Alarms and Bars on Bedroom Windows - Breaking Legal Developments in Fire Investigation - In Ton v. Salveron, 2007 WL 2111035, available at http://www.courtinfo.ca.gov/cgi-bin/npopinions.cgi, the California Court of Appeals found an apartment owner liable for injuries a tenant sustained trying to escape the apartment during a fire. The tenant asserted that the apartment had no working smoke alarms and had bars on the bedrooms that could not be opened from the inside. As a result, the tenant awoke to a fully engulfed fire in her kitchen,
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August 24, 2007
Recalls for the week of 8/24/2007 - Breaking Legal News and/or Recall Alerts - Petters Consumer Brands-Sunbeam Over-the-Range Microwaves;Vance Kitira Recalls Cinnamon Spice Candles;Atico International USA Recalls Coffeemakers Sold Exclusively at Walgreens;Clarion Expands Recall of Vehicle Navigation and Entertainment System Batteries ;International Home Fashions and Bilt-Safe Technologies Recall “Classic Beautyrest” Electric Throws;Giftco Inc. Recalls Pine Cone Candle Sets;LED Lights Recalled by Plan 9;Toshiba Recalls Notebook Computer Batteries
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June 01, 2007
Illinois Court Of Appeals Reverses Jury Verdict That Was In Favor Of General Motors - InterFIRE - Breaking Legal Developments - the Illinois Court of Appeals reversed a jury verdict that was in favor of General Motors involving a defective 1999 Chevy Astro Van that caught fire. Plaintiff presented expert testimony that there was a design defect in the Subject Van because, among other things, the aluminum shielding provided in the muffler area was insufficient. More specifically, the aluminum shielding had a lower melting point in comparison to stainless steel, which Plaintiff asserted should have been used.
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April 27, 2007
Maine District Court Rejects Defendant's Motion For Summary Judgement - InterFIRE - Breaking Legal Developments - the United States District Court for the
District of Maine denied Defendant's motion for summary judgment against Plaintiff's strict product liability and negligence claims for a fire allegedly resulting from a Broan exhaust fan. Plaintiff's expert opined that the fire originated from the exhaust fan based on a lack of other appliances in the area of origin and opined that the fan must have been defective because fans typically do not generate enough
heat to cause a fire absent a defect.
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April 13, 2007
Arizona District Court Allows Expert Testimony that Fire Originated in Electrolux Freezer Even - InterFIRE - Breaking Legal Developments - Arizona District Court rejected Defendant Electrolux's motion to exclude Plaintiff's expert
testimony that the fire originated from a failure in the Electrolux freezer in Plaintiff's insured's home even though Plaintiff's expert could not pinpoint the specific part of the freezer that failed. The Court
found that Plaintiff's expert's opinion was sufficiently grounded in fact and forensic methods to withstand Daubert requirements.
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March 02, 2007
New York Court of Appeals Holds that Jury may find Manufacturer of a Refridgerator/Freezer - InterFIRE - Breaking Legal Developments - New York Court of Appeals upheld a jury's finding for plaintiff in a breach of implied warranty of merchantability claim due to a fire
originating from plaintiff's refrigerator/freezer, despite the fact that the jury found no defect in the product's defrost timer. In plaintiff's case-in-chief, two fire department investigators stated that burn
patterns indicated the fire originated in the freezer and a retained expert stated that the
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February 16, 2007
New Jersey Court of Appeals Holds Fire Investigators are Entitled to Investigate Fire Scene - InterFIRE - Breaking Legal Developments - the New Jersey Superior Court, Appellate Division, held that fire investigators were permitted to remain at a residence for a
reasonable period of time after a fire was put out in order to conduct an investigation into the origin of the fire. The case concerned a fire via arson immediately after the defendant murdered his live-in girlfriend. When the fire officials arrived to put out the fire, they discovered the dead bodies and continued their
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January 05, 2007
LA Supreme Ct Reinstates Finding Energy Company Liable for Negligently Maintaining Power - InterFIRE - Breaking Legal Developments - the Louisiana Supreme Court reinstated a
finding that a power company was liable for destruction of a transformer and subsequent fire at an adjacent residence. The case concerned a lightning strike during an electrical storm that ultimately caused the destruction of an electrical transformer at the pole and the fire of an adjacent residence. The case was tried by judge alone and the determination of liability rested almost completely on expert testimony.
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December 15, 2006
8th Circuit Upholds Fire Expert's Process of Elimination Opinion on Power Chair Fire - InterFIRE - Breaking Legal Developments - the Eighth Circuit Court of Appeals reversed the trial court's motion to exclude plaintiff's fire expert's testimony. Plaintiff Henry Hickerson lost his wife and home in a fire. He sued defendants alleging a motorized wheelchair or scooter they manufactured and sold to him, a Pride Jet 3 Power Chair (
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December 08, 2006
NJ APP. CT PERMITS DOWNED POWERLINE FIRE CASE TO PROCEED OVERCOMING - InterFIRE - Breaking Legal Developments - a PSE&G primary high voltage electric wire fell from a PSE&G pole to the sidewalk near the south wall of a large commercial building in Clifton where the insureds were tenants. No storm, vehicular impact, act of vandalism or outside force caused the wire to fall. A passerby called the Clifton Fire Department, which in turn notified PSE&G of the downed line. Power to the line was cut by PSE&G approximately fifty minutes later. In the interim, the live wire
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November 17, 2006
Texas Supreme Court Rejects Fire Expert's Testimonyt - InterFIRE - Breaking Legal Developments - involved a truck accident case the trial
court excluded expert testimony as to what caused a post-accident fire that burned the truck and the driver. After excluding the expert testimony because it was not reliable, the trial court granted summary judgment. The court of appeals reversed. The Texas Supreme court held that the trial court did not err, reversed the court of appeals’ judgment, and rendered judgment that the plaintiffs take nothing.
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October 20, 2006
Advisory Opinion of the State Board of Licensure for Professional Engineers and Land - InterFIRE - Breaking Legal Developments - The State Board of Licensure for Professional Engineers and Land Surveyors met at a special called meeting on August 28, 2006. The meeting addressed the recent Alabama Supreme Court opinion in Board of Water and Sewer Commissioners of the City of Mobile v. Hunter, 2006 WL 208 9914 (Ala.). In an effort to give guidance to the Courts of Alabama, the Office of the Attorney General, the Alabama Department of Public Safety, the State Fire Marshal's Office,
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September 29, 2006
Alabama Supreme Court Bars Unlicensed Alabama Experts from Testifying - InterFIRE - Breaking Legal Developments - In Mobile v. Hunter (July 28, 2006), 2006 Ala. LEXIS 175, the Alabama Supreme Court issued a wide ranging decision on expert testimony in the state of Alabama. It is believed subject to review by the Alabama Licensure Board currently.
The Board of Water and Sewer Commissioners of the City of Mobile (
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September 15, 2006
Rhode Island Court Permits Decedent's Video taped Deposition In Ford Ignition Switch Fire as to - InterFIRE - Breaking Legal Developments - In Dodson v. Ford Motor Company (Aug. 17, 2006) , the Superior Court of Rhode Island reviewed a motion in limine by Ford Motor Company. Ford sought an order excluding from trial in the underlying products liability action certain portions of the deposition testimony of the late Cecil Dodson.
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July 28, 2006
Fourth Circuit Reverses Case Permitting Linseed Caused Fire to Continue Against Tenants - InterFIRE - Breaking Legal Developments - In Allstate Insurance Company v. Fritz, et al, Case No. 05 -1859, (2006), the Fourth Circuit Court of Appeals reversed summary judgment for lessees. The court was reviewing a grant of summary judgment for two tenants whose guest had used linseed oil doing refinishing work on an apartment balcony.
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July 01, 2006
Slippery: Issues in Aquarium Fire Losses - California Fire/Arson Investigator - Complex issues should be evaluated when investigating fire losses involving aquariums. A call comes in involving an aquarium suspected of being the cause of a fire, what are your first steps? Preserve the scene to recover all of the components related to the aquarium, comes to mind.
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June 16, 2006
Non -Combustible Sealant Fire Place Action Reinstated by Court - InterFIRE - Breaking Legal Developments - the Ohio Court of Appeals, 3rd District, reinstated a fire case permitting a jury trial to proceed. A fire occurred after a log lighter had been used. The occupant saw the north side of the house glowing and fire shooting out of
the side of the use. The private fire investigator asserted the fire was the result that the prefabricated fireplace and
prefabricated chimney were improperly installed.ed.
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May 27, 2006
City Immune for Failure to Abate Known fire Hazard at Hotelunpublished (May 16, 2006), Plaintiff Donna Atabey, individually and as representative of - InterFIRE - Breaking Legal Developments - (1) CITY IMMUNE FOR FAILURE TO ABATE KNOWN FIRE HAZARD AT HOTEL In Donna Atabey v. City of San Bernardino, E038360, Court of Appeal, Fourth Appellate District, Division Two, unpublished (May 16, 2006), Plaintiff Donna Atabey, individually and as representative of the Estate of Gregory Abdun-Nur, and the Estate of Gregory Abdun-Nur (referred to collectively as
plaintiff) sued the City of San Bernardino
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April 14, 2006
Wisconsin Court Of Appeals Upholds Stray Voltage Verdict Against Utility - InterFIRE - Breaking Legal Developments - the Wisconsin Electric
Power Company (WEPCO) appealed from a judgment awarding George G. and Kathy L. Muth
economic damages of $ 650,000, nuisance damages of $ 200,000, and costs of $ 257,289.96, for a
total judgment of $ 1,107,289.96. The Court of Appeals affirmed the judgment.
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March 10, 2006
West Virginia Supreme Court Recognizes Malfunction Theory by Process of Eliminationl - InterFIRE - Breaking Legal Developments - the West Virginia Supreme Court reversed judgments for the defendants permitting
the plaintiff to proceed with his malfunction claim against an alarm system failure. In the appeal from the Circuit Court of Wood County, the court was asked to review three orders granting summary judgment to various defendants in a product liability action.
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February 03, 2006
Mississippi Supreme Court Orders Retrial for Gas Leak Case - InterFIRE - Breaking Legal Developments - Shelter Mutual General Insurance Company filed suit against Blossman Gas Incorporated (Blossman) in the Circuit Court of Wayne County. The jury returned a verdict in favor of Blossman. After the jury submitted its verdict, Shelter Mutual General Insurance Company (Shelter), filed a motion for a new trial. As a result, Blossman filed this interlocutory appeal. Finding the evidence to be overwhelmingly contrary to the verdict rendered
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January 06, 2006
Fire Involving Hay Drying Fan is Permitted to Proceed - InterFIRE - Breaking Legal Developments - SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT, reviewed dismissals entered for the defendants in a product liability fire case. Appealed from an order of the Supreme Court, Livingston County , entered September 8, 2004. The order, insofar as appealed from, granted those parts of the motion of defendant Byron Enterprises, Inc. and the cross motion of defendant Farm Fans, division of FFI
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