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Texas Allows Wide Scope for Certificate of Merit
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Update: Amazon Can (Still) Be Liable in Louisiana
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Do You Have the Receipt? Pennsylvania Court Finds Insufficient Evidence That Defendant Sold the Product
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Coverage College 2024
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Back By Popular Demand! Workers’ Compensation Subrogation Jeopardy! Laugh, Learn and Gain the Adulation of Your Peers While Participating in this Panel Based Session
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In the Hot Seat: How Not to Get Burned By Expert Depositions
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Following Precedent Forces Alabama Court to Follow Outdated Law
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Why Lithium-Ion Batteries Fail and Who You Can Sue
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Opinions from Ashes, Theories from Dust – What a Subrogation Professional Needs to Know About the Investigation
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Federal Court Sets High Bar for Pleading Products Liability Cases in New Jersey
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Recovery on the Rooftop: Nothing But (Mostly) Clear Skies
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With a Roll of the Dice in Amtrust v. Vasquez, Nevada Workers’ Compensation Insurers Hit the Jackpot!
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Arizona Court Affirms Homeowners’ Association’s Right to Sue Over Construction Defects
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Not a Waiver for All: Maryland Declines to Apply Subrogation Waiver to Subcontractors
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Georgia’s Products Liability Statute of Repose: “First Sale” vs. “A Sale”
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Definitions Matter in Illinois: Tenant Held Liable Only for Damage to Apartment Unit
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West Virginia Addresses Its Strict Liability Standard
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Amazon Can be Liable in Louisiana
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Oh, THAT Contract: Ohio Court Bars Plaintiff’s Negligence Claim Based on Subrogation Waiver and Accelerated Limitations Period in Contract
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Knowing Your Lane: Finding the Right Expert in a Rapidly Advancing World
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Negligent Undertaking Claim Against Amazon May Succeed Where a Products Liability Claim Fails
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Subrogation Waiver Unconscionable in Residential Fuel Delivery Contract
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Missouri Protects Subrogation Rights
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A Matter Judged: Subrogating Insurers Should Beware of Prior Suits Involving the Insured
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Fine Art Losses – “Canvas” the Subrogation Landscape
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The Sounds of Silence: Pennsylvania’s Sutton Rule
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Certificates of Merit: Is Your Texas Certificate Sufficient?
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I Spy Claims Against Amazon
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Don’t Spoil Me: Oklahoma District Court Rules Against Spoliation Sanctions
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Beware: A Security Company’s Contract May Eliminate Your Causes of Action
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Drawing the Line: In Tennessee, the Economic Loss Doctrine Does Not Apply to Contracts for Services
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What a Difference a Day Makes: Mississippi’s Discovery Rule
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Coverage College 2023
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Amendments to Federal Rule of Evidence 702 – Expert Testimony
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New York Court Holds Insurer Can Recover Before Insured Is Made Whole
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Whirlpool Agrees to Pay $11.5 Million Civil Penalty
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Insurer Doomed in Delaware by the Sutton Rule
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New York Preserves Subrogation Rights
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Insurer Springs a Leak in Its Pursuit of Subrogation
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Improvement or Malpractice? Florida Court of Appeals Addresses Applicable Statute of Limitations
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Indiana Appellate Court Allows Third-Party Spoliation Claim to Proceed
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Let’s Give ‘Em Sutton to Talk About: Tennessee Court Enforces Sutton Doctrine
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In Pennsylvania, Contractors Can Be Liable to Third Parties for Obvious Defects in Completed Work
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ELD Strikes Again! Michigan Court Hits the Brakes on Plaintiffs’ Economic Loss Claims
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New York Court Enforces Economic Loss Doctrine
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Montana Significantly Revises Its Product Liability Laws
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Waiver of Subrogation and Lack of Contractual Privity Bars Commercial Tenants’ Claims
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New Mexico Adopts Right to Repair Act
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A Tort, By Any Other Name, is Just a Tort: Massachusetts Court Bars Contract Claims That Sound in Negligence
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Michigan Court Waives Goodbye to Subrogation Claims, Except as to Gross Negligence
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Florida Court Puts the Claim of Landlord’s Insurer In The No-Fly Zone
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Understanding Fire Through a Room and Contents Live Burn Event – Part 2
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Oh Sh*%! Don’t Be Fooled – OSHA has Little to do With Preventing Your Recovery in a Third-Party Product Liability Claim
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Impressions on the Progression of Fire Suppression
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Keeping the Lights On: A Primer for Handling Cases Against Utilities From Notice to Recovery
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Family Matters: United States District Court Extends Sutton Rule to Undefined “Family”
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Supreme Court of Illinois Clarifies Who Qualifies as a Co-Insured
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Eggshell Plaintiffs Can Help Maximize Your Subrogation Recovery to Include Building Code Upgrades
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Where Fire Investigations Go Wrong
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Too Costly to Be Fair: Texas Appellate Court Finds the Arbitration Clause in a Residential Construction Contract Unenforceable
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Give Stronger Deposition and Trial Testimony
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Don’t Get Burned Online – Subrogation vs. Amazon & Other Online Retailers
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The Imitation Game - Using Exemplars at Product Examinations
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Teamwork Makes the Dream Work! Tips for Carriers, Employers, Injured Workers and Counsel Cooperating to Maximize Workers’ Compensation Subrogation Recoveries
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When Your Subrogation Loss Goes to Court
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Trench Collapses: Unearthing the Secrets to Investigate, Evaluate and Pursue Workers’ Compensation Subrogation Recoveries in Excavation and Trench Collapses
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The Final Nail: Ongoing Repairs Do Not Toll the Statute of Repose
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Public Policy Prevails: Homebuilders and Homebuyers Cannot Agree to Disclaim Implied Warranty of Habitability in Arizona
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Gone Fishing: Tenant’s Insurer Casts A Line Seeking To Subrogate Against The Landlord
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Part of the Whole: Idaho District Court Holds Economic Loss Rule Bars Tort Claims Related to Water Supply Line that was Part of Home Purchase
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ASUS Computer International Recalls ASUS ROG Maximus Z690 Hero Motherboards
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I’ve Got Friends in First-Party Places
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Mind Over Matter: Court Finds Expert Opinion Based on NFPA 921 Reliable Despite Absence of Physical Testing
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Where Am I and How Did I Get Here? Determining Which State's Law Applies to Your Workers' Compensation Subrogation Recovery!
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In All Fairness: Illinois Appellate Court Finds That Arbitration Clause in a Residential Construction Contract Was Unconscionable and Unenforceable
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Congratulations 2022 DE, MA, NJ, NY and PA Super Lawyers and Rising Stars
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Amazon Can be Held Strictly Liable as a Product Seller in New Jersey
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Hold on Just One Second: Texas Clarifies Starting Point for Negligence Statute of Limitations
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The Blame Game: Georgia Updates Its’ Apportionment of Fault Statute to Apply to Single-Defendant Lawsuits
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Where-Forum Art Thou? Is the Chosen Forum Akin to No Forum at All?
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Waive Your Claim Goodbye: Louisiana Court Holds That AIA Subrogation Waiver Did Not Violate Anti-Indemnification Statute and Applied to Subcontractors
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Oh Snap! Georgia Supreme Court Revives Suit Against Snapchat for Alleged Faulty Speed Filter
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Tenants Underwater: Indiana Court of Appeals Upholds Privity Requirement for Property Damage Claims Against Contractors
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Waive It Goodbye: Despite Evidence to the Contrary, Delaware Upholds an AIA Waiver of Subrogation Clause
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Leadership Ethics: Confronting Ethical Issue Case Studies Involving the Worker, Employer, and Carrier in Lien Recovery Litigation
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Learning From Experience - Attorney Perspectives on Effective and Ineffective Expert Support to Build Your Case
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Pump the Brakes: Indiana Rules MCS-90 Endorsement Does Not Apply to Intrastate Trips
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Too Late for The Blame Game: Massachusetts Court Holds That the Statute of Repose Barred a Product Manufacturer from Seeking Contribution from a Product Installer
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Tick Tock: Don’t Let the Statute of Repose or Limitations Time Periods Run on Your Construction Claims
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White and Williams Announces 15 Lawyer Promotions
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Who's on First: How First-Party Claims Adjusters Add Value to Subrogation Recovery Efforts
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Title or Possession Required . . . Louisiana Court Rules That Amazon Is Not Liable for a Defective Product
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Northern Virginia Joint Committee on Fire and Arson Investigation: Fire Investigator (1033) Recertification
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An Interview with Captain Chris Konzelmann: Public and Private Sector Fire Investigations
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Utah Digs Deep and Finds “Design Defect” Includes Pre-Construction Geotechnical Reports
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Kaboom! Illinois Applies the Anti-Subrogation Rule to Require a Landlord’s Subrogating Property Insurer to Defend a Third-Party Complaint Against Tenants
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Jurisdiction by Consent: Georgia Holds that Corporations Registered to do Business in the State Consent to Being Sued There
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Subrogation Lawyers Get Real Life Fire Training
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Can You Prove It? New Jersey Court Holds That Plaintiff Alleging Negligent Destruction of Evidence Failed to Sufficiently Prove Proximate Cause in Underlying Claim
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The Right of Workers’ Compensation Reimbursement is Alive and Well in Indiana
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Nevada’s Common Law Meaning of the Term “Substantial Completion” in the Statute of Repose
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As Time Rolls On So Do Spoliation Claims
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Spoliation: Often Argued, Rarely Understood
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The Shield Surrounding Online Retailers - The Last 12 Months
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Pennsylvania Court Finds that Two Possible Causes Can Prove a Product Malfunction Theory of Liability
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The Malfunction Theory of Products Liability
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Rhode Island Changes Its Products Liability Law
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Mindful Mediation: Navigating the Path to Recovery (Part 2)
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An Insured In-Part: Michigan Court Holds That Tenant Is an Implied Co-Insured on Landlord’s Property Insurance Only With Respect to the Leased Premises
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Florida Court Gives Parties Assigned a Subrogation Claim a Math Lesson
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Amazon Avoids Liability (Again) for Defective Products Sold by Third Parties Through Its Website
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The Adjuster's Role in the Subrogation Investigation
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Mindful Mediation: Navigating the Path to Recovery (Part 1)
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MDL for Claims Against Manufacturers and Distributors of PFAS-Containing AFFFs Focuses Attention on Key Issues
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When an Insurer Proceeds as Subrogee, Defendants Should Not Assert Counterclaims Against the Insured/Subrogor
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Examination of the Product Does Not Stop a Pennsylvania Court From Applying the Malfunction Theory
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Industry Standard and Sole Negligence Defenses Can’t Fix a Defect
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Amazon Can Be Held Strictly Liable For Hoverboard Sale
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New Hampshire Applies Crete/Sutton Doctrine to Bar Subrogation Against College Dormitory Residents
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Saved By The Statute: The Economic Loss Doctrine Does Not Bar Claims Under Pennsylvania’s Unfair Trade Practices and Consumer Protection Law
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Inspector Gadget: How Technology is Advancing Origin and Cause Investigations
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Zoom® Your Way to Lien Recoveries! How Technology Can Efficiently and Cost Effectively Generate Successful Results
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Original and Subsequent Homeowners in Rhode Island Are Subject to the Same Rules for Determining How Long a Breach of Implied Warranty Claim Is Actionable
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What’s the Gist? Massachusetts Court Looks Past the Labels to the Gist of the Plaintiff’s Allegations to Find Claims Barred by the Statute of Repose
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What the Jury Doesn’t Know about Insurance Won’t Hurt Them
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Idaho District Court Affirms Its Role as the Gatekeeper of Expert Testimony
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Pennsylvania Federal Court Excludes Expert Testimony That Tries To Force a Square Peg Into a Round Hole
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White And Williams Announces Lawyer Promotions
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Amazon Loses (Again) . . . New York Court Rules That Amazon Can Be Liable for Defective Product
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Washington Court Finds that Statute of Repose Fraud Exception Argument Lacks Energy
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Massachusetts Pulls Phased Trigger On Its Statute of Repose
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State Specific Subrogation Coast to Coast (Part 1 and 2)
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Reverse Engineering: Forensic Alarm Science Investigations Yields Mission Critical Information for Subrogation Recovery
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Best Practices Reboot! An Industry Insider Panel and Attendee Discussion on Complex Relationships That Impact Lien Recoveries
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Romaine Calm: Lettuce Discuss Food Recalls and the Recoveries You’ve Been Leaving on the Table
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Fire Scene Safety Considerations in the Post-Fire Environment (Part 1 and Part 2)
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Recovery and Beyond: The Past, Present and Future of Subrogation
In The News
Congratulations 2020 DE, MA, NY and PA Super Lawyers and Rising Stars
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Nothing Personal – Missouri District Court Holds that Defendant’s Nationwide Retail Website Does Not Subject it to Specific Jurisdiction
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Cooperation Between Public & Private Sector Fire Investigators - Always Room for Improvement
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Strictly Speaking, the Plaintiff’s Fault Matters in Products Liability Actions in Georgia
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Eastern District of Pennsylvania Clarifies Standard for Imposing Spoliation Sanctions
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A Whole New World: Building Automated Systems (BAS) and Subrogation
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The Future of Automated Manufacturing: What Will be the Effect on Product Failures?
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How Subrogation Professionals and First-Party Claims Adjusters Can Work Together for Mutual Benefit
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California Appellate Court Rules Amazon Can Be Strictly Liable for Defective Product
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In Nevada, Custom Sign Manufacturers Can Be Held Strictly Liable
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Update – Property Owner’s Defense Goes up in Smoke in Careless Smoking Case
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Arkansas Federal Court Fans the Product Liability Flames Utilizing the Malfunction Theory
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Massachusetts District Court Holds Contractors Are Not Additional Insureds on Developer’s Builder’s Risk Policy
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Wisconsin Court Applies the Economic Loss Doctrine to Bar Negligence Claims for Purely Economic Losses
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Texas Federal Court Rules Amazon Can Be Sued for Defective Product
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Virginia Allows Condominium Association’s Insurer to Subrogate Against a Condominium Tenant
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Illinois Federal Court Determines if Damages Are Too Remote
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COVID-19’s Effect on Property Losses and Subrogation Claims
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The Shield Surrounding Online Retailers: An Update on the Prime Strategies Utilized by Cyber Stores
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Parties’ Agreement Doesn’t Pull the Trigger on California’s Statute of Repose
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Buyer Beware - Lessons Learned from Recent Amazon Cases
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Don’t Lose Your Head! Or Arm, Leg, or Other Body Parts: How Workers’ Compensation Subrogation Professionals Can Still Obtain Lien Recoveries Despite Worker Error (Part 1)
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Don’t Lose Your Head! Or Arm, Leg, or Other Body Parts: How Workers’ Compensation Subrogation Professionals Can Still Obtain Lien Recoveries Despite Worker Error (Part 2)
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Mississippi Supreme Court Applies AIA Subrogation Waiver to Non-Work Property Damage
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Not so Fast – Florida’s Legislature Overrules Gindel’s Pre-Suit Notice/Tolling Decision Related to the Construction Defect Statute of Repose
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Viewpoint: The Coronavirus’ Impact on Property Losses and Subrogation Claims
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COVID-19 and Subrogation: The Coronavirus’ Impact on Property Losses and Subrogation Claims
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What Did the Contract Say Again? Preventing Application of a Prime Contract Based Solely on Generic Incorporating Language in the Subcontract
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Minnesota Addresses How Its Construction Statute of Repose Applies to Condominiums
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Commercial Tenant’s Subrogating Insurer Barred by Lease Terms from Pursuing Landlord
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Avoiding the "S" Word: Cautionary Evidence Handling Folktales and How to Avoid Becoming Part of the Lore
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In Louisiana, If the Band Plays On, the Plaintiff Cannot Recover Loss of Use Damages
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Wisconsin Supreme Court Induced to Narrowly Interpret Exceptions to the Economic Loss Doctrine
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Massachusetts Court Holds Statute of Repose Does Not Apply to Claims for Failure to Maintain Property
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Not All Damages Are Created Equal – the Proper Application of the Economic Loss Doctrine
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Virginia Molds Tort Versus Contract Law in New Home Construction Case
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Massachusetts Court Clarifies Statute of Repose Trigger for Multi-Phase Construction Projects
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Establishing Proximate Cause Where Both Roads Lead to the Defendant
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Idaho Formally Adopts an Independent Tort for Third Party Spoliation
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Pennsylvania Superior Court Fires up a Case-By-Case Analysis for Landlord-Tenant, Implied Co-Insured Questions
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Tennessee Looks to Define Improvements to Real Property
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Amazon Feels the Heat From Hoverboard Fire Claims
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Giving Stronger Deposition and Trial Testimony
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Christopher Konzelmann Receives 2019 Spirit of NASP Award
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How NFPA 921 and NFPA 1033 Can Make Or Break Your Fire Loss Subrogation Claim
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Best Practices for Effective Communications Between Carriers and Counsel: An Industry Panel Discussion on the Relationships and Issues that Lead to Successful Lien Recoveries
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In Order to Form a More Perfect Union – How to Utilize the Public Sector Investigation to Support Your Case
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Workers’ Compensation Subrogation Federal Civil Practice – Tips and Real Case Study
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Butt Out! Subrogating Careless Smoking Fires
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No Stone Unturned: Finding Recovery When/Where You Didn’t Think To Look
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Unusual Checks and Balances – Proving Out-of-the-Ordinary Damage
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“Wait! Do You Have All Your Ducks in a Row?” Filing of a Certificate of Merit in Conjunction With a Complaint
In The News
Congratulations 2019 DE, MA, NJ, NY and PA Super Lawyers and Rising Stars
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California Clarifies Its Inverse Condemnation Standard
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Crisis Averted: Why Having An Attorney At Inspections Can Avoid Catastrophes
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The Four Headed Monster – How to Satisfy all Four Elements of a Negligence Claim
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Careless Smoking Causation Defense Goes Up in Smoke in Connecticut
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Fire Spread – Beyond Origin and Cause
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“Slow and Steady Doesn’t Always Win the Race” – Applicability of a Statute of Repose on Indemnity/Contribution Claims in New Hampshire
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To a Reasonable Degree of Certainty – An Attorney’s Perspective on Effective (and Ineffective) Expert Support
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Connecting With the Modern Juror – Communication Strategies in the Age of Information
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Amazon Loses – It Is a Seller Under Wisconsin’s Products Liability Law
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Ohio Court Measures the Damage to a Computer Network by Its Value to the Owner, Not Its Fair Market Value
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In Indiana, Component Manufacturers Have a Limited Duty to Equip Products with Safety Features
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Superior Court Addresses Whether the Plaintiff Is the “Master of the Claim” in Post-Tincher Decision
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Florida Adopts Daubert Standard for Expert Testimony
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Wisconsin Supreme Court Holds that Subrogation Waiver Does Not Violate Statute Prohibiting Limitation on Tort Liability in Construction Contracts
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Texas Walks the Line on When the Duty to Preserve Evidence at a Fire Scene Arises
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Third Circuit Holds Amazon Liable As a Product Seller – Communications Decency Act Not Applicable to Sale and Distribution Strict Liability Claims
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New York Court Takes the Bite Out of a Food Manufacturer’s Request for Destructive Testing
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Investigating and Litigating Fire Loss Claims for Subrogating Insurance Carriers
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Property Owner’s Defense Goes Up in Smoke in Careless Smoking Case
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Arizona Purchaser Dwelling Actions Are Subject to a New Construction
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New York Court Holds That the “Lesser of Two” Doctrine Limits Recoverable Damages in Subrogation Actions
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Site UnScene: Strategies for Claims Investigations with Challenging Site Requirements or Limited Evidence
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Insurers Subrogating in Arkansas Must Expend Energy to Prove That Their Insureds Have Been Made Whole
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Game of Rooms – Strategies for Conquering Your Next Mediation
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When an Insurer Proceeds as Subrogee, Defendants Cannot Assert Contribution Claims Against the Insured
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Washington Court Tunnels Deeper Into the Discovery Rule
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California Court Invokes Equity to Stretch Anti-Subrogation Rule Principles
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Privileged Communications With a Testifying Client/Expert
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Game of Rooms – Strategies for Conquering Your Next Mediation
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St. Bernard Parish: Federal Circuit Washes Away Takings Clause Claims Arising from Hurricane Katrina
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New Jersey Court Washes Away Insurer’s Waiver of Subrogation Arguments
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Arbitration: For Whom the Statute of Limitations Does Not Toll in Pennsylvania
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Fire Loss Subrogation Counsel and Origin and Cause Consultants Must Work Together in Responding to Opinion Admissibility Challenges
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Fire Consultants Cannot Base Opinions on Speculation
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Chris Konzelmann Serves as Co-Chair of NASP 2019 Subrogation Litigation: Skills & Management Conference
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NASP 2019 Subrogation Litigation: Skills & Management Conference
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Tenants Who Negligently Cause Fires in Florida Beware: You May Be Liable to the Landlord’s Insurer
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Minnesota "Fryes" the Difference Between Novel Scientific Theory and Novel Science
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Game of Rooms - Strategies for Conquering Your Next Mediation
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Texas Court of Appeals Strictly Enforces Certificate of Merit Requirements for Claims Against Professionals
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Rhode Island Examines a Property Owner’s Intended Beneficiary Status and the Economic Loss Doctrine in the Context of a Construction Contract
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District Court of Missouri Limits Whining About the Scope of Waiver of Subrogation Clauses in Wine Storage Agreements
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Giving Stronger Deposition and Trial Testimony
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New Hampshire’s Statute of Repose for Improvements to Real Property Does Not Apply to Product Manufacturers
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Indiana Court of Appeals Holds That Lease Terms Bar Landlord’s Carrier From Subrogating Against Commercial Tenant
Publication
South Carolina Clarifies the Accrual Date for Its Statute of Repose
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In New Jersey, Workers’ Compensation Liens Are No Longer Subject to the Verbal Threshold
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Minnesota Reaffirms Statutory Anti-Subrogation Rule
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Illinois Supreme Court Holds That the Implied Warranty of Habitability Does Not Extend to Subcontractors
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California Court of Appeals Holds Subrogating Carrier Cannot Assert Claims of Its Suspended Insured
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California Court of Appeal Holds That the Right to Repair Act Prohibits Class Actions Against Manufacturers of Products Completely Manufactured Offsite
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In Massachusetts, the Statute of Repose Applies to Consumer Protection Claims Against Building Contractors
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Florida Decides Against Adopting Daubert
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Wisconsin Court of Appeals Holds Economic Loss Doctrine Applies to Damage to Other Property If It Was a Foreseeable Result of Disappointed Contractual Expectations
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“Bad Kamara/Good Karma” — Life After Hartford v. Kamara
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Ohio Rejects the Majority Trend and Finds No Liability Coverage for a Subcontractor’s Faulty Work
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Podcast: Strategies for Conquering Your Next Mediation
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Strategies for Conquering Your Next Mediation
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Florida Court of Appeals Holds Underlying Tort Case Must Resolve Before Third-Party Spoliation Action Can Be Litigated
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D.O.T. Your I’s and Cross Your T’s: Maximizing Your Workers’ Compensation Subrogation Lien Recoveries in Transportation Industry Related Accidents
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The Shield Surrounding Online Retailers: An Update on the Prime Strategies Utilized by Cyber Stores to Deflect Accountability
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Necessary Evil or Blessing in Disguise? How Working With Claimant’s Counsel Can Avoid Potential Reimbursement Hazards and Maximize Your Lien Recovery
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A Tort Claim Is Not a Debt Within the Meaning of the Colorado’s Fair Debt Collection Practices Act
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Florida’s Fourth District Appeals Court Clarifies What Actions Satisfy Florida’s Construction Defect Statute of Repose
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Courts Favor Arbitration in Two Recent Construction Dispute Cases
In The News
Congratulations 2018 DE, MA, NJ, NY and PA Super Lawyers and Rising Stars
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California Supreme Court Holds That Evidence of Industry Custom and Practice May Be Admissible in a Design Defect, Strict Product Liability Case
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Georgia Court of Appeals Holds Lay Witness Can Provide Opinion Testimony on the Value of a Property If the Witness Had an Opportunity to Form a Reasoned Opinion
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Carmack Amendment Loss Claims Should Indicate a Specified or Determinable Amount of Money
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Effective Deposition and Trial Testimony
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Rhode Island District Court Dismisses Plaintiff’s Case for Spoliation Due to Potential Unfair Prejudice to Defendant
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Utah’s Highest Court Holds That Plaintiffs Must Properly Commence an Action to Rely on the Relation-Back Doctrine to Overcome the Statute of Repose
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New York Federal Court Holds That the Montreal Convention Does Not Allow a Party to Recover Inspection Costs Where Cargo Suffers No Physical Damage
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Supreme Court of Kentucky Holds Plaintiff Can Recover for Stigma Damages in Addition to Repair Costs Resulting From Property Damage
Publication
Supreme Court of Idaho Rules That Substantial Compliance With the Notice and Opportunity to Repair Act Suffices to Bring Suit
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Tennessee Court of Appeals Holds Defendant Has the Burden of Offering Alternative Measure of Damages to Prove that Plaintiff’s Measure of Damages is Unreasonable
Publication
Northern District of Mississippi Finds That Non-Work Property Damages Are Not Subject to AIA’s Waiver of Subrogation Clause
Publication
Pennsylvania Supreme Court Declares Future Credit on Medical Benefits Dead
Publication
Minnesota Clarifies the “Machinery/Equipment” Exception to the Statute of Repose for Improvements to Real Property and Adopts Test for Establishing a Post-Sale Duty to Warn
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Florida Extends Filing Time for Claims Subject to the Statute of Repose
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The Breaking Point: Managing Expenses with Low-Valued Subrogation Cases
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Texas Court of Appeals Confirms That, in Order to “Bring Suit” Within the Statute of Limitations Period, a Plaintiff Must Exercise Due Diligence to Serve the Complaint
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Connecticut Supreme Court Holds That Landlord’s Insurer Can Pursue Equitable Subrogation If Lease Requires Tenant Have Insurance and Holds Tenant Responsible for Damage
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Deconstructing Construction Claims: Issues to Consider When Handling Construction Defect Subrogation
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Expert Witness Courtroom Testimony Course
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Holding Amazon Accountable: The Indecency of the Communications Decency Act Defense
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New York’s Court of Appeals Clarifies the Burden of Proof in Summary Judgment Cases
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Supreme Court Holds That the Tolling Statute Applicable to State Law Claims Subject to Federal Supplemental Jurisdiction Stops the Statute of Limitations Rather Than According Plaintiffs a Grace Period
Event
Don't Get Burned! The Causes And Effects Of Burn Injury Claims
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Standard of Care in Fire Loss Litigation
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Florida Court of Appeals Clarifies How the Statute Governing Indemnification Provisions in Construction Contracts Applies
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Identification of Critical Issues in the Early Stages of the Subrogation Investigation
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Finding Plaintiff Intentionally Spoliated Evidence, the Northern District of Indiana Imposes Sanctions
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Utah’s Supreme Court Addresses When an Insurer Can, Despite the Made Whole Doctrine, Proceed in Its Own Name
Publication
California’s Right to Repair Act Applies to Construction Defects Resulting in Either Economic Loss or Property Damage
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Supreme Court of Virginia Holds that Intentional Spoliation of Evidence is Required for an Adverse Inference Jury Instruction
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White and Williams Announces Lawyer Promotions
In The News
Congratulations 2017 DE, MA, NJ, NY and PA Super Lawyers and Rising Stars
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Fire Scene Safety, Preservation, and Relationships: Three Keys to a Safe and Successful Fire Investigation
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Y’all Come Back Now, Ya Hear? How to Best Leverage Evidence of Product Recalls In Your Product Liability Claims
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Missing in Action! What is the Reasonable Person?
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Symbiotic Recovery Success: An Interactive Case Study To Max Out Your WC Subrogation Recoveries Through Effective Insurer And Counsel Collaboration
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Investigating MIC: An Overview for Subrogation Professionals Evaluating Losses from Microbiologically Influenced Corrosion in Sprinkler Systems
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Contract Terms Can Impact the Accrual Date For Florida’s Statute of Repose
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What Happens After Suppression?
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Litigating Fire Losses: What Origin and Cause Consultants Should Know
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House Bill Clarifies Start Point for Florida’s Statute of Repose
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Depositions: Goals, Strategies, and Pitfalls
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California Limits Indemnification Obligations of Design Professionals
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West Virginia Enacts "Innocent Seller" Legislation
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Beyond the Scope: In Some Jurisdictions, You May be Able to Argue that a Subrogation Waiver Clause Does Not Apply to Damaged Areas Outside the Scope of the Work in Construction Contracts
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Applying the Statute of Repose for Construction Claims, Colorado's Supreme Court Finds Third-Party Claims Timely-Filed
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Live Burn to Learn
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In Ohio, When a Subrogating Insurer is the Plaintiff, Defendants Should not File Contribution or Indemnification Claims Against the Insured
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Multiple Employer Worksites: Overcoming the Challenges and Issues Presented
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Emerging Trends in Water-Related Construction Defect Litigation
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United States Court of Appeals for the Sixth Circuit Holds That Kentucky's Economic Loss Rule Does Not Apply to Consumer Transactions
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Investigating and Litigating Fire Losses for Subrogated Insurance Carriers
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New York Appeals Court Rekindles the Spark
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New Jersey's Entire Controversy Doctrine: A Cautionary Tale for Insurers
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Avoiding Split Decisions: The Pitfalls of Proceeding Separately from the Insured
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Expert Witness Courtroom Testimony
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Shall We Share: Balancing the Benefits of Joining Forces and the Risks of Potential Conflicts
Publication
Colorado's Court of Appeals Considers How the Statute of Repose Applies in Multi-Contractor Cases
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Subrogating Security: The Importance of Protecting Private Data
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In Georgia, a Waiver of Subrogation Clause is not an Exculpatory Clause That Must be Prominently Displayed
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In New Mexico, There Can be More Than One Statute of Repose Accrual Date on Construction Projects
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Economic Loss Doctrine Bars Negligence Claim Against Building Company Owner, Individually
In The News
Congratulations 2016 DE, MA, NJ, NY and PA Super Lawyers and Rising Stars
Event
Giving Better Depositions
In The News
White and Williams Participates in American Red Cross "No More Fire Deaths" Campaign
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Live Burn to Learn
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Expert Witness Courtroom Testimony
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The Clock is Ticking - Don't Get Burned by Statutes of Limitations/Repose
Publication
Fire Causation: Spreading the Culpability
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Subrogating Products Liability Claims: A Law and Economics Analysis
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In Minnesota, a Tenant may, Depending on the Language of the Lease, be Liable to the Landlord for Property Damage to the Tenant's Apartment but not for Damage to the Rest of the Building
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Evaluating Subrogation Claims Against Contractors
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Don’t Let Negative Corpus Take The Spark Out of Your Expert’s Causation Opinion
Publication
Tennessee's Supreme Court Holds That Intentional Misconduct is not a Necessary Prerequisite for Spoliation Sanctions
Publication
The Fourth Circuit Applies a Consequential Damages Exclusionary Clause and the Economic Loss Doctrine to Bar Claims by a Subrogating Insurer Seeking to Recover Over $19 Million in Damages
In The News
White and Williams Announces the Election of Five Lawyers to the Partnership and the Promotion of Five Associates to Counsel
Publication
Pennsylvania Superior Court Holds That the Bilt-Rite Exception to the Economic Loss Doctrine Does Not Require an Express Representation
In The News
Congratulations 2015 DE, MA, NJ, NY and PA Super Lawyers and Rising Stars
Publication
In Florida, Exculpatory Clauses Do Not Need Express Language Referring to the Exculpated Party's Negligence
Publication
California Homeowners Can Release Future, Unknown Claims Against Builders