The Subrogation Strategist

In Union Mut. Fire Ins. Co. v. Ace Caribbean Mkt., No. 21-2653,2023 U.S. App. LEXIS 8203 (2d Cir. Apr. 6, 2023), the United States Court of Appeals for the Second Circuit (Second Circuit) considered whether evidence that a fire may have originated in extension cords was sufficient to establish that: a) the owners/proprietors were negligent in their use of the extension cords; and b) their negligence was the cause of the fire. The Second Circuit held that the circumstantial evidence was not sufficient and affirmed summary judgment in favor of the defendant.Continue Reading

By: Edward A. Jaeger, Jr. and William L. Doerler

In Mayer v. Once Upon a Rose, Inc., 58 A.3d 1221 (N.J. Super. App. Div. 2013), the Appellate Division of the New Jersey Superior Court addressed the question of whether, despite the fact that the plaintiff had invoked the res ipsa loquitur (res ipsa) doctrine, the trial court properly granted a directed verdict in the defendant’s favor because the plaintiff did not have a liability expert. The Appellate Division held that the plaintiff did not need a liability expert to pursue its case because the matters at issue did not require ... Continue Reading