Marine Cargo Claims [Ocean Marine and Inland Marine - Subrogation and Recovery - Articles and Papers]

Publication - Subrogation & Recovery

Marine Cargo Claims - Ocean Marine and Inland Marine - Subrogation and Recovery - Articles and Papers - 18 pgs total. Shipments transported to or from the United States are governed by the U.S. Carriage of Goods by Sea Act (“COGSA”). Topics re: COGSA: Applicability; Notice of Claim; Statute Of Limitations; Establishing A Prima Facie Case; Defenses; Package Limitation; Foreign Jurisdiction Clauses.

Discovering and Protecting Electronic Files [Y2K, Computers and Technology - Subrogation and Recovery - Articles and Papers]

Publication - Subrogation & Recovery

Discovering and Protecting Electronic Files - Y2K, Computers and Technology - Subrogation and Recovery - Articles and Papers - 36 pgs total. Topics: Differences Between Electronic and Paper Information; Growing Importance of Electronic Information; Discoverability of Electronic Data; WHAT CAN BE DISCOVERED: Types of Electronic Data; The “Lazarus Phenomenon”, The Myth of Erased, Deleted, Destroyed and Lost Electronic Evidence; Sources of Hidden Data; HOW TO DISCOVER ELECTRONIC FILES; HOW TO PROTECT ELECTRONIC FILES

An Overview of Key Amendments to the Bankruptcy Code [The Bankruptcy Abuse and Consumer Protection Act of 2005]

Publication - Bankruptcy, Insolvency & Restructuring, Business

An Overview of Key Amendments to the Bankruptcy Code - The Bankruptcy Abuse and Consumer Protection Act of 2005 -

Electronic Signatures in Global and National Commerce Act [Y2K, Computers and Technology - Subrogation and Recovery - Articles and Papers]

Publication - Subrogation & Recovery

Electronic Signatures in Global and National Commerce Act - Y2K, Computers and Technology - Subrogation and Recovery - Articles and Papers - 9 pgs total. This paper summarizes the Electronic Signatures in Global and National Commerce Act “the Act” signed into law by President Clinton on June 30, 2000. The Act encourages electronic commerce by validating the use of electronic signatures, electronic records, electronic notes, and electronic contracts in any transaction affecting interstate commerce. The Act is divided into four Titles which the paper covers.

No ‘Scalito’ Here [Risk & Insurance]

Publication

No ‘Scalito’ Here - Risk & Insurance - Wingnuts, stand down. Supreme Court nominee Samuel G. Alito, Jr. is no agenda-slipping, law-legislating extremist—at least not when it comes to insurance issues. Judge Alito is an intellectual stud more than qualified to become a Supreme Court justice. His delivery of insurance opinions is impressive. He writes with an efficiency and clarity that produces opinions that lawyers call “tight.”

Intense Fighting; Serious Losses. Outcome Uncertain! Dispatches from the Hostile Frontier of Electronic Data Discovery [Y2K, Computers and Technology - Subrogation and Recovery - Articles and Papers]

Publication - Subrogation & Recovery

Intense Fighting; Serious Losses. Outcome Uncertain! Dispatches from the Hostile Frontier of Electronic Data Discovery - Y2K, Computers and Technology - Subrogation and Recovery - Articles and Papers - 42 pgs total, includes Definitions appendix. This article discusses a contentious trend toward electronic data discovery in civil litigation. It considers the implications of this trend for public and private organizations engaged in litigation. The article recommends an immediate course of action that an organization can adopt to minimize the damaging consequences, should an adversary launch a discovery assault on its electronic databases.

Interpreting the Clean Water Act’s Citizen Suit Provision: Successor Landowner Liability for Inactive Mine Discharges in Sierra Club v. El Paso Gold Mines, Inc. [17 Vill. Envtl. L.J. 515]

Publication

Reasonable Accommodations And The ADA [SBN Magazine]

Publication - Labor & Employment

Reasonable Accommodations And The ADA - SBN Magazine -

Regulatory and Legislative Issues in Insurance Law [Thompson Reuters]

Publication - Insurance Coverage - Insurance

Ken Levine was engaged to develop this practitioner’s guide to the major areas of insurance regulation that can affect a program and the methods for navigating this technical mine field, with particular guidance and form agreements and plans for the formation, acquisition, and merger of insurers.

Responding to Discovery Requests for your Electronic Records: Why You Can’t Wait To “Cross That Bridge When You Come To It” [Y2K, Computers and Technology - Subrogation and Recovery - Articles and Papers]

Publication - Subrogation & Recovery

Responding to Discovery Requests for your Electronic Records: Why You Can’t Wait To “Cross That Bridge When You Come To It” - Y2K, Computers and Technology - Subrogation and Recovery - Articles and Papers - 14 pgs total. Topics: A Few Points of Law; Responding to Discovery Requests for Electronic Records; Coping With the Risks and Burdens of Electronic Evidence Discovery

Intercompany Arbitration and Restitution (Intercompany Arbitration and Restitution in Colorado) [Subrogation and Recovery - Articles and Papers]

Publication - Subrogation & Recovery

Intercompany Arbitration and Restitution (Intercompany Arbitration and Restitution in Colorado) - Subrogation and Recovery - Articles and Papers - 16 pgs total. Outline & other materials. Topics in outline: When to Consider Arbitration; Contentions; Evidence; Hearings; Other Tips.

Tennessee Supreme Court Approves Experience-Based Opinions by Engineer [InterFIRE - Breaking Legal Developments]

Publication - Subrogation & Recovery

Tennessee Supreme Court Approves Experience-Based Opinions by Engineer - InterFIRE - Breaking Legal Developments - In Charles Brown v. Crown Equipment Corp., No. W2002 -02228-SC-R11 -CV, Tennessee Supreme
Court, the court found experience based opinions by an engineer acceptable. That court overturned the trial judge who had found the testimony of plaintiff's mechanical engineer and biomechanical engineer
unreliable.

Colorado Subrogation Update [Subrogation and Recovery - Articles and Papers]

Publication - Subrogation & Recovery

Colorado Subrogation Update - Subrogation and Recovery - Articles and Papers - 8 pgs total. CDARA (Colorado Construction Defect Action Reform Act) Some defense attorneys have successfully argued that subrogation claims must be brought within 90 days of final “settlement” in construction cases. Subrogation attorneys argue that the legislature did not intend for the statute to be interpreted this way, and a Supreme Court decision from January of this year should assist in arguing that the statute does not require subrogation claims be made within 90 days of final payment.

SEC Issues Questions and Answers Regarding the Securities Offerings Reform [Securities Offerings and Regulations Alert!]

Publication - Subrogation & Recovery

SEC Issues Questions and Answers Regarding the Securities Offerings Reform - Securities Offerings and Regulations Alert! -

Blanket Manufacturer Not Liable for Fire Based on Failure of Expert to Rule out Other Potential [InterFIRE - Breaking Legal Developments]

Publication - Subrogation & Recovery

Blanket Manufacturer Not Liable for Fire Based on Failure of Expert to Rule out Other Potential - InterFIRE - Breaking Legal Developments - In Bryte v. American Household, No. 04-1051, Fourth Circuit Court of Appeals, (Nov. 21, 2005), the court reviewed a product liability action involving allegations of a product defect. On October 23, 2000, Lova Bryte died in a fire in her Preston County, West Virginia apartment. She was using an electrically heated throw at the time of the fire. Several weeks later, plaintiffs, Mrs. Bryte's personal representative and relatives, brought this

The Magic of Privity in Express Product Warranty Claims: A Plaintiff’s Perspective [The Florida Bar Journal]

Publication - Subrogation & Recovery

The Magic of Privity in Express Product Warranty Claims: A Plaintiff’s Perspective - The Florida Bar Journal - The law of Florida is increasingly clear on at least one point in the product liability arena. Implied warranties are generally not enforceable if there is no privity between the claimant and the manufacturer (with some exceptions). But what of express warranties? Indeed, what of express manufacturer warranties that come with the product to the first retail purchaser? Surely, an express, written product warranty with

Understanding the Anti-Subrogation Doctrine [Subrogation and Recovery - Articles and Papers]

Publication - Subrogation & Recovery

Understanding the Anti-Subrogation Doctrine - Subrogation and Recovery - Articles and Papers - 3 pgs total. The anti-subrogation doctrine is a defense to subrogation claims based upon the logical conclusion that an insurance company standing in the shoes of its insured cannot sue that insured. The defense is also known as the “suing your own insured” doctrine. The defense includes the implied co-insured doctrine and “economic waste” doctrine recently articulated in Connecticut. Topics: Typical Fact Situation; Practice Tips

Arkansas Court Upholds Expert's Exclusion for Failure to Rule Out Other Causes of Fire [InterFIRE - Breaking Legal Developments]

Publication - Subrogation & Recovery

Arkansas Court Upholds Expert's Exclusion for Failure to Rule Out Other Causes of Fire - InterFIRE - Breaking Legal Developments - In Nationwide Mutual Insurance Company v. Fleetwood Homes of Tennessee, Inc., (Nov. 11, 2005) Court of Appeals of Arkansas, Division One (unpublished), Appellant Nationwide Mutual Fire Insurance Company brought a products liability action against appellee Fleetwood Homes of Tennessee, Inc. Fleetwood moved for summary judgment, and the trial court granted its motion. Nationwide appeals the trial court's order, arguing two points on appeal

Applying Daubert and Kumho Tire to Experts in Fire Cases [Subrogation and Recovery - Articles and Papers]

Publication - Subrogation & Recovery

Applying Daubert and Kumho Tire to Experts in Fire Cases - Subrogation and Recovery - Articles and Papers - 16 pgs total. Before the Supreme Court's '99 decision in Kumho Tire, there was some disagreement in the courts concerning the applicability of Daubert to experts typically used in fire cases. Kumho established that the trial judge's gatekeeping role applies to all expert testimony, rendering the scientific versus non-scientific distinction moot. Cases covered: Weisgram v. Marley, Pride v. BIC, Smith v. Ford, Polizzi Meats v. Aetna, U.S. v. Wolf, Thurman v. Missouri Gas Energy

The Aftermath of Rita and Katrina: Where Do We Go From Here [Subrogation and Recovery Alert!]

Publication - Subrogation & Recovery - Insurance

The Aftermath of Rita and Katrina: Where Do We Go From Here - Subrogation and Recovery Alert! - 7 pgs of text. This Alert is offered to help you handle claims efficiently and effectively and to advise you as to what information will be needed to conduct a thorough subrogation analysis. This Alert provides additional information to assist you and your catastrophe-loss adjusters on the ground in making preliminary determinations as to which claims might be viable from a subrogation perspective, and which claims will likely be barred by the Act of God or other defenses.