News & Analysis as of

Subrogation Product Defects

White and Williams LLP

A Matter of Circumstance: New York Court Finds Circumstantial Evidence Enough

In State Farm Fire & Cas. Co. a/s/o Miriam Perez v. Pentair Flow Techs., LLC No. 7:21-CV-6679, 2025 U.S. Dist. LEXIS 36875, the United States District Court for the Southern District of New York (District Court) reconsidered...more

White and Williams LLP

Let’s Get Specific: Rhode Island Court Asserts Jurisdiction Over Out-of-State Manufacturer

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The court granted the third-party defendant’s first motion to dismiss for lack of general jurisdiction but permitted the parties to conduct jurisdictional discovery. After the close of jurisdictional discovery, the...more

White and Williams LLP

Amazon Can (Still) Be Liable in Louisiana

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On November 25, 2024, in Pickard v. Amazon.com, Inc., No. 5:20-cv-01448, 2024 U.S. Dist. LEXIS 215377, the United States District Court for the Western District of Louisiana (District Court) ruled that Amazon.com, Inc....more

White and Williams LLP

Do You Have the Receipt? Pennsylvania Court Finds Insufficient Evidence That Defendant Sold the Product

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In State Farm Fire & Cas. Co. v. Coway USA, Inc., No. 22-cv-3516, 2024 U.S. Dist. LEXIS 192849, the United States District Court for the Eastern District of Pennsylvania (District Court) considered whether the plaintiff...more

White and Williams LLP

Pennsylvania Court Finds that Two Possible Causes Can Prove a Product Malfunction Theory of Liability

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In Allstate Ins. Co. v. LG Elecs. USA, Inc., No. 19-3529, 2021 U.S. Dist. LEXIS 127014, the United States District Court for the Eastern District of Pennsylvania considered whether plaintiff’s expert engineer’s opinion that...more

White and Williams LLP

Arkansas Federal Court Fans the Product Liability Flames Utilizing the Malfunction Theory

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To establish a product liability claim in Arkansas, the plaintiff must prove that the product was supplied in a defective condition, which rendered it unreasonably dangerous and that the defective condition was the proximate...more

Cozen O'Connor

Supreme Court to Hear Specific Personal Jurisdiction Product Cases That Caused Harm in Forum States

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Recently, the U.S. Supreme Court agreed to hear a manufacturer’s challenge to two state supreme court decisions (Minnesota and Montana) that allowed plaintiffs to bring product defect suits in states where the manufacturer...more

White and Williams LLP

Amazon Feels the Heat From Hoverboard Fire Claims

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In State Farm Fire & Cas. Co. v. Amazon.com, Inc., No. 3:18CV166-M-P, 2019 U.S. Dist. LEXIS 189053 (Oct. 31, 2019), the United States District Court for the Northern District of Mississippi considered a Motion for Judgment on...more

White and Williams LLP

Amazon Loses – It Is a Seller Under Wisconsin’s Products Liability Law

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As most subrogation professionals know, Amazon has been fighting products liability claims across the country for some time now. While it has been largely successful in doing so in the past, in a recent decision, Wisconsin...more

White and Williams LLP

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 Westfield Insurance Group v. Silco Fire & Security, 2019 Ohio App. LEXIS 2810, the Court of Appeals of Ohio, Fifth Appellate District addressed whether the trial court properly instructed the jury that the applicable...more

White and Williams LLP

Third Circuit Holds Amazon Liable As a Product Seller – Communications Decency Act Not Applicable to Sale and Distribution Strict...

Defective products harm consumers. Courts have consistently held, however, that Amazon is not liable for defective products acquired through its on-line marketplace because the company is not a “seller” and is otherwise...more

Butler Weihmuller Katz Craig LLP

Should Amazon be Liable for Products Sold in its Marketplace?

Amazon, the largest e-commerce website in the world and a member of the “Big Four” has repeatedly, and successfully, argued that the company is not liable for harm caused by the defective products that are sold by third...more

Dorsey & Whitney LLP

The Supreme Court - April 18, 2017

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Coventry Health Care of Missouri, Inc. v. Nevils, No. 16-149: The Office of Personnel Management (“OPM”) is authorized under the Federal Employees Health Benefits Act of 1959 (“FEHBA”), 5 U.S.C. §8901 et seq., to contract...more

Cozen O'Connor

Assignment v. Subrogation — Prosecuting Recovery Actions Arising from Personal Injury Claims

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It is common in most jurisdictions that personal injury claims cannot be assigned. This can occasionally present a concern when an insurance carrier attempts to bring a contribution action against a third-party tortfeasor...more

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