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January 13, 2006
Publication - Subrogation & Recovery
Litigating A Subrogation Case in New York - Subrogation and Recovery - Articles and Papers - Regional Updates in Subrogation Law & Litigation: - 6 pgs total; Q & A regarding Subrogation in NY. Questions include: How long does it usually take to try a case to verdict? What explains the difference between state and federal court? Strategies for moving the case: Why file suit in state court?
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January 13, 2006
Publication - Insurance Coverage, Subrogation & Recovery
Subrogation and Recovery - Articles and Papers - Forensic Consultants & Loss Site Investigations - Investigation and Analysis of Third Party Liability for Boiler, Machinery and Equipment Failures -
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January 13, 2006
Publication - Subrogation & Recovery
Inverse Condemnation as Applied in Flood Cases - Subrogation and Recovery - Articles and Papers - Regional Updates in Subrogation Law & Litigation: - 8 pgs total. Over the years, California case law has articulated standards that have complicated a party’s ability to obtain recovery against public entities in water loss cases. Recently, however, two California Court of Appeal cases arrived to shed some light at the end of the litigation tunnel. This article will proceed to discuss in detail the significance of Arreola and Paterno.
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January 13, 2006
Publication - Subrogation & Recovery
Subrogation and Recovery - Articles and Papers - Regional Updates in Subrogation Law & Litigation: Update on California Law -
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January 13, 2006
Publication - Subrogation & Recovery
Subrogation and Recovery - Articles and Papers - Regional Updates in Subrogation Law & Litigation: -
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January 13, 2006
Publication - Subrogation & Recovery
The “Daubertization” of Products Liability Experts Under Federal Rule of Evidence 702 - Subrogation and Recovery - Articles and Papers - 18 pgs total. The main reason why expert testimony is excluded in products liability cases is its failure to meet the “reliability” test. Recent Cases: American Family Insurance Group v. JVC Americas, Chester Valley Coach Works v. Fisher-Price, Garlinger v. Hardee’s Foodsystems, Knotts v. Black & Decker, Milanowicz v. Raymond Corp, Travelers Casualty and Property Corp. v. G.E., The Exceptions to the Trend: Eclipse Electronics v. Chubb, Fillebrown v. Steelcase, FRYE – THE ALTERNATIVE
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January 13, 2006
Publication - Real Estate Litigation
Cell Towers Win; Local Zoning Code Out - Tri State Real Estate Journal -
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January 13, 2006
Publication - Subrogation & Recovery
Legal Theories for Subrogation Actions in Pleasure Boats and Yacht Losses - Ocean Marine and Inland Marine - Subrogation and Recovery - Articles and Papers - 8 pgs total. This paper will discuss, in summary fashion, the key considerations in subrogation claims that arise from private boat and yacht losses. Available theories include:(1)negligence on the part of the individual or entity responsible for the loss;(2)breach of contractual undertakings including warranties; and(3)(because boats and their component parts are essentially products) theories of products liability.
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January 13, 2006
Publication - Subrogation & Recovery
How to Select and Properly Use Experts - Subrogation and Recovery - Articles and Papers - Forensic Consultants & Loss Site Investigations - - 15 pgs total. Outline headings: What Kind Of Expert Might You Need; What Is The Purpose Of The Expert; What Should Be The General Criteria For The Retention Of A Particular Expert -- The Qualities Of A Good Expert; What Expert Should Be Selected -- The Specific Criteria -- The Qualifications Of A Good Expert; Who Should Select The Expert; Cost.
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January 13, 2006
Publication - Subrogation & Recovery
Governmental Immunity - Subrogation and Recovery Theories of Liability - Subrogation and Recovery - Articles and Papers - 4 pgs total. Governmental immunity describes the various doctrines or statutes that provide federal, state, or local governments immunity from tort-based claims. We present a sampling of cases supporting the view that a special duty must be established in order to hold a governmental entity liable. Claims against governments are often subject to time sensitive notice requirements. Some jurisdictions have enacted liability caps that limit the amt. of damages that can be recovered.
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January 13, 2006
Publication - Subrogation & Recovery
From the Lawyer's Perspective: The Role of a Fire Protection Engineer - Subrogation and Recovery - Articles and Papers - Forensic Consultants & Loss Site Investigations - - 3 pgs total. Often, experts consider themselves only as investigators and disregard or minimize the importance of being an advocate for their client during later litigation. The overall task of the fire protection engineering forensic project should be to show that a different design, construction, technique, product, or material would have made a difference in the outcome of the event.
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January 13, 2006
Publication - Subrogation & Recovery
Disclosure Requirements Under Rule 26 of the Federal Rules of Civil Procedure - Subrogation and Recovery - Articles and Papers Forensic Consultants & Loss Site Investigations - 9 pgs total; outline. Topics: Rule 26(f) - Mandatory Discovery Conference; Rule 26(a)(1); Privilege Log 26(b)(5).; Protective Order 26(c)(A).; Selected District Courts’ Implementation of the Rule 26 Amendments.; Rule 37 Failure to Make Disclosure or Cooperate in Discovery; Sanctions.; etc
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January 13, 2006
Publication - Subrogation & Recovery
Current United States Legal Issues Affecting Connecting Carriage - Ocean Marine and Inland Marine - Subrogation and Recovery - Articles and Papers - 25 pgs total. In the US, courts are beginning to resolve disputes involving this increasingly complicated web of inter-related contractual obligations for cargo that moves through multiple jurisdictions using a variety of transportation modes. The trend in the US is to enforce lawful contract terms, so long as doing so does not offend public policy and the terms are not unreasonable. It is, therefore, against this backdrop that we address the topic of connecting carriage and US law.
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January 13, 2006
Publication - Subrogation & Recovery
Getting Along with the Property Insurer – A Practical Approach to Protecting the Rights of Subrogees and Policyholders - Subrogation and Recovery - Articles and Papers - 6 pgs total. This article discusses a pragmatic approach whereby the insurer and its policyholder can work together to preserve necessary evidence so that a successful claim can be asserted against responsible third party tortfeasors, while at the same time fairly apportioning rights of recovery from the tortfeasor between the policyholder and insurer. Courts throughout the country which have addressed this issue have come to different conclusions...
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January 13, 2006
Publication - Subrogation & Recovery
Defenses in a Product Liability Claim - Subrogation and Recovery - Articles and Papers - 4 pgs total. This article is intended to provide only a taste of the defenses available in product liability claims. Topics: Abnormal Use/Misuse Defense, Assumption of the Risk Defense, Consent Defense, Implied Agreement to Relieve Defendant of Responsibility, Voluntary Acceptance of Risk Created by the Defendant, Unreasonable Acceptance of a Known Risk, Intended User Defense, Substantial Change Defense, Technical Defenses Based on the Law.
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January 13, 2006
Publication - Subrogation & Recovery
Deposition Preparation for the Claims Professional - Subrogation and Recovery - Articles and Papers Forensic Consultants & Loss Site Investigations - - 11 pgs total, includes questions and answers. After a brief definition of the deposition process and format, this paper will review the most traditional “commandments” for deponents or witnesses at depositions. We will then review steps that will aid the independent claims adjuster in preparing for a deposition. Topics include: THE CARDINAL RULES OF DEPOSITIONS; PREPARING FOR YOUR DEPOSITION
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January 13, 2006
Publication - Subrogation & Recovery
Subrogation and Recovery - Articles and Papers - Forensic Consultants & Loss Site Investigations - Spontaneous Combustion Technical and Legal Issues -
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January 13, 2006
Publication - Subrogation & Recovery
The Insurer/Insured Relationship in Subrogation - Subrogation and Recovery - Articles and Papers - 30 pgs total. Modern legal principles have divided subrogation into two basic categories reflecting how the right of subrogation arises. Legal subrogation, also known as equitable subrogation, arises when an insurer fulfills its obligations to an insured pursuant to the contract of insurance and, in fact, that obligation should have been paid by another, i.e., the tortfeasor. Conventional subrogation, also known as contractual subrogation, arises by virtue of contract or agreement.
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January 13, 2006
Publication - Subrogation & Recovery
Nevada Tort Claims Act & Immunities - Subrogation and Recovery - Articles and Papers - Regional Updates in Subrogation Law & Litigation: - 4 pgs total. Any claim against the State, its agencies, or employees resulting from some official act can only be maintained in the absence of protective governmental immunity. The legislature has exposed the State of Nevada to liability by conditionally waiving in certain instances governmental immunity from suit. NRS §41.031, et seq. Topics: PROCEDURAL REQUIREMENTS AND STATUTE OF LIMITATIONS; IMMUNITIES; LIMITATION OF LIABILITY
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January 13, 2006
Publication
Pre-Complaint Discovery in Federal Court, Pennsylvania and New Jersey - Subrogation and Recovery - Articles and Papers - Regional Updates in Subrogation Law & Litigation: - 37 pgs total. Presuit or pre-complaint discovery is both a tool, and often a necessity, in both state and federal court. Pre-complaint discovery for the purpose of perpetuation of testimony is generally permitted in both state and federal court. Pre-complaint discovery, however, may also be a tool for fleshing out facts and witnesses prior to filing a formal complaint. Paper covers PRE-COMPLAINT DISCOVERY IN PA & NJ.
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