A recent ruling by the Tennessee Court of Appeals in Patton v. Pearson1 upheld the ‘Sutton Rule’ in a subrogation action following a house fire at a rental property. The court’s decision emphasizes the crucial role of lease...more
7/6/2023
/ Appeals ,
Co-Insured Issues ,
Collateral Source Rule ,
Fire Damage ,
Fire Insurance ,
Landlords ,
Property Insurance ,
Rental Property ,
Residential Leases ,
Subrogation ,
Tennessee
While the Virginia Supreme Court has never addressed the made whole doctrine by name, a recent federal district court opinion has declared the made whole doctrine “is alive and well in the Commonwealth.” Sustainable Sea...more
Federal Rule of Evidence 702—Testimony by Expert Witnesses—was promulgated in 1975 when Congress first enacted the Federal Rules of Evidence. Original Rule 702 simply stated that “[i]f scientific, technical, or other...more
Over the last few years, the Supreme Court has had a reputation as very pro-business. Late last month, however, the Court handed consumers a rare win related to personal jurisdiction. ...more
Covid-19 has turned mediations on their head. The parties are no longer together in well-appointed conference rooms trying to work out their differences. Instead, they are “together” in Zoom rooms with kids or dogs making...more
Amazon recently suffered a loss when a California appellate court found that Amazon could be held strictly liable for defective products sold by third parties through Amazon’s website. Amazon has for many years argued it is...more
9/4/2020
/ Amazon Marketplace ,
Bodily Injury ,
Distributors ,
E-Commerce ,
Insurance Litigation ,
Internet Retailers ,
Product Defects ,
Retailers ,
Sellers ,
Strict Liability ,
Third-Party
Carmack claims are unique animals. Carmack provides a shipper—or its subrogating insurance company—with the sole remedy for damages sustained when goods are shipped between states. As the sole remedy, it’s imperative that a...more