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Property Damage Damages Negligence

Maison Law

Hit-and-Run Accidents in California: Your Legal Options

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A wide variety of car crashes and other traffic accidents occur on California's roads each year. Common causes of accidents include actions by distracted, impaired and inexperienced drivers and vulnerable road users; adverse...more

Clark Hill PLC

Colorado Supreme Court rules there is no exception to the economic loss rule for willful and wanton conduct

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On April 21, the Colorado Supreme Court held that there is no exception to the economic loss rule (“ELR”) for willful and wanton conduct. In Mid-Century Ins. Co., v HIVE Constr., Inc., the court drew an important distinction...more

Stark & Stark

Tragic House Fire and Explosions in Trenton, NJ: What You Need to Know

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In the early hours of Wednesday, April 30, 2025, a devastating house fire in Trenton, New Jersey, left five people injured and caused nearby evacuations after loud explosions were heard from the scene. The fire and subsequent...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Sanitary Sewer Overflow/Alleged Damages: Circuit Court of Carrol County, Arkansas Complaint Filed Against Eureka Springs

James McEvoy (“McEvoy”) filed an April 2nd Complaint in the Circuit Court of Carroll County, Arkansas against Eureka Springs, Arkansas alleging damages due to a sanitary sewer overflow (“SSO”). See Case No. 08WCV-25-39....more

White and Williams LLP

California Clarifies Basis for Inverse Condemnation Claims

Inverse condemnation is a legal theory that is not common in the subrogation industry. However, when dealing with a loss where property damage is the result of action by a public entity, it is a claim that may be available....more

Clark Hill PLC

Ohio Dram Shop Update: Knowledge of Noticeable Intoxication Required for Liability Under Ohio Dram Shop Act

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On March 3, the Ohio Court of Appeals for Stark County held that actual knowledge of intoxication is a necessary component in maintaining a claim for relief under Ohio’s Dram Shop Act....more

Rodemer Kane Attorneys at Law

What to Do When Your Car Is Totaled in an Accident That Wasn’t Your Fault

Car accidents can be a very stressful experience, and there is nothing more frustrating than the aftermath of having your car totaled, and you’re not at fault. The process can feel overwhelming, especially when dealing with...more

JUSTICENTER

Basic Personal Injury Settlement Breakdown: How Much Goes in My Pocket?

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Getting a personal injury settlement can feel like a huge relief after an accident. But many people wonder, “How much of this settlement will I actually get?” Understanding how settlements are broken down can help you know...more

Cozen O'Connor

Troung v. Sanders: Matter of First Impression by the Louisiana Circuit Court of Appeals on “Betterment Deductions” in Third-Party...

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In December 2024, the Louisiana Second Circuit Court of Appeals rendered a significant opinion in Troung v. Sanders, et al., addressing the contentious issue of “betterment deductions” in third- party property damage claims....more

Holland & Hart - Employers' Lawyers

How to Address Damage to Company or Customer Property

Question: Can we legally require employees to reimburse the company for damage to customer or company property (i.e., the full amount of damages or insurance deductible)?...more

Ervin Cohen & Jessup LLP

Construction Defect Damages May Exceed Cost To Repair

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Construction defect cases often involve damage claims beyond simply the cost to repair the allegedly defective unit or component. These consequential damages may include damages for loss of use, expenses for mitigation and...more

American Conference Institute (ACI)

[Virtual Event] Contaminated Sites Liability & Litigation Risk - April 22nd, 8:30 am - 5:30 pm EDT

The Canadian Institute’s advanced conference on Contaminated Sites Liability & Litigation Risk takes a deep dive into the most critical challenges affecting land developers, real estate and legal professionals, and...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Price Anderson Act/Damage Claims: Federal Court Addresses Preemption Scope

The United States District Court for the Southern District of Illinois (“Court”) addressed in a June 29th Memorandum and Order (“Order”) certain issues arising out of a class action alleging a plant operating in Metropolis,...more

White and Williams LLP

Not All Damages Are Created Equal – the Proper Application of the Economic Loss Doctrine

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In William Lansing v. Doe, 2019 Ore. App. LEXIS 1564, the Court of Appeals of Oregon considered whether the Economic Loss Doctrine (ELD) applied to the plaintiff’s claims based on purportedly faulty construction work in a...more

White and Williams LLP

Wisconsin Supreme Court Holds that Subrogation Waiver Does Not Violate Statute Prohibiting Limitation on Tort Liability in...

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In Rural Mut. Ins. Co. v. Lester Bldgs., LLC 2019 WI 70, 2019 Wisc. LEXIS 272, the Supreme Court of Wisconsin considered whether a subrogation waiver clause in a construction contract between the defendant and the plaintiff’s...more

Spilman Thomas & Battle, PLLC

Product Lines - Toxic Torts and Products Liability Insights: Issue 2, 2019

Welcome to the second 2019 issue of Product Lines – our quarterly e-newsletter that focuses on toxic torts and products liability issues. For this edition, we are reporting on several important and timely legal issues. As...more

Butler Weihmuller Katz Craig LLP

Court Finds AIA Subrogation Waiver Inapplicable; Appeal Pending

In Liberty Mutual Fire Insurance Co. v. Fowlkes Plumbing LLC, 17-cv-010-GHD-DAS, 2018 WL 842169 (N.D. Miss. Feb. 12, 2018), the District Court for the Northern District of Mississippi held that the subrogation waiver of...more

Carlton Fields

Georgia Federal Court Rules on Questions of Efficient Proximate Cause, Manifestation/Continuous Trigger and Pro Rata Allocation of...

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In ACE American Ins. Co. v. Exide Technologies, Inc. and The Wattles Co., No. 1:16-CV-1600-MHC (N.D. Ga. Sept. 20, 2017), the Federal District Court for the Northern District of Georgia applied a continuous trigger theory to...more

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