Regency Fireplace Products Recalls Gas Stove Fireplaces


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In subrogation cases where the insured’s damages were caused by a defective product, the fact that the product at issue is or was subject to a recall announced by the Consumer Product Safety Commission (CPSC) may help to establish that the product was defective when it left the manufacturer’s possession and control. On May 15, the CPSC announced the following recall related to a product that presents an explosion hazard:

Regency Fireplace Products Recalls Gas Stove Fireplaces Due to Explosion and Injury Hazards

According to the CPSC, the pressure release system can fail and cause the gas stove to explode.

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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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In Molina v. Gears, 2018 Tex. App. LEXIS 1978 (March 20, 2018), the Texas Court of Appeals addressed the issue of whether a plaintiff who timely-filed a complaint exercised due diligence with respect to serving the complaint. The court held that, to “bring suit” within a statute of limitations period, a plaintiff must file the complaint within the statutory timeframe and use due diligence to serve the defendant with process. Continue reading

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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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In Amica Mutual Insurance Company v. Muldowney, 328 Conn. 428 (2018), the Connecticut Supreme Court considered whether a landlord’s insurance carrier could subrogate against the landlord’s tenants for property damage when the lease did not specifically authorize subrogation. The court held that, while subrogation was not expressly allowed, the language in the lease requiring the tenants to have liability insurance and holding them liable for damage was sufficient to overcome Connecticut’s common law presumption that a landlord’s carrier cannot subrogate against a tenant. This case emphasizes the importance of analyzing every aspect of a lease when determining the true intent of the parties with respect to subrogation. Continue reading

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New York’s Court of Appeals Clarifies the Burden of Proof in Summary Judgment Cases


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In Rodriguez v. City of New York, 2018 N.Y. LEXIS 793, 2018 NY Slip Op. 02287 (Apr. 3, 2018), New York’s Court of Appeals, New York’s highest court, addressed the question of whether a plaintiff, in moving for summary judgment on the issue of the defendant’s liability, also needs to establish the absence of his or her own comparative negligence. In a 4-3 decision, a majority of the court held that, because the plaintiff’s comparative negligence is a matter of damages, not liability, the plaintiff does not bear that burden. Continue reading

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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


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Under 28 U.S.C. § 1367(a), a plaintiff may bring strictly state-based claims in federal district court if they are related to a claim over which the district court has original jurisdiction. This is more commonly known as Supplemental Jurisdiction. One major issue that has arisen when such jurisdiction is asserted is whether or not the applicable state-specific statute of limitations is tolled under 28 U.S.C. § 1367(d) upon the filing of the federal action. Recently, the Supreme Court addressed this very issue in Artis v. District of Columbia, 138 S.Ct. 594 (2018). Continue reading

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Vornado Air Recalls Electric Space Heaters


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In subrogation cases where the insured’s damages were caused by a defective product, the fact that the product at issue is or was subject to a recall announced by the Consumer Product Safety Commission (CPSC) may help to establish that the product was defective when it left the manufacturer’s possession and control. On April 4, 2018, the CPSC announced the following recall related to a product that presents a fire hazard:

Vornado Air Recalls Electric Space Heaters Due to Fire and Burn Hazards

According to the CPSC, the electric space heater can overheat when in use.

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Carrier® Recalls to Repair Commercial Rooftop HVAC Units


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In subrogation cases where the insured’s damages were caused by a defective product, the fact that the product at issue is or was subject to a recall announced by the Consumer Product Safety Commission (CPSC) may help to establish that the product was defective when it left the manufacturer’s possession and control. On March 19, 2018, the CPSC announced the following recall related to a product that presents a fire hazard:

Carrier® Recalls to Repair Commercial Rooftop HVAC Units Due to Fire Hazard

According to the CPSC, “[t]he HVAC’s humidimizer fan can fail to shut off when a connected smoke detector is tripped, posing a fire hazard.”

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Kidde Recalls Dual Sensor Smoke Alarms


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In subrogation cases where the insured’s damages were caused by a defective product, the fact that the product at issue is or was subject to a recall announced by the Consumer Product Safety Commission (CPSC) may help to establish that the product was defective when it left the manufacturer’s possession and control. On March 21, 2018, the Consumer Product Safety Commission announced a recall of Kidde dual sensor smoke alarms because they pose a risk of consumers not being alerted to a fire in their home.  The recall is detailed at the following link:

Kidde Recalls Dual Sensor Smoke Alarms Due to Risk of Failure to Alert Consumers to a Fire

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Florida Court of Appeals Clarifies How the Statute Governing Indemnification Provisions in Construction Contracts Applies


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In Blok Builders, LLC v. Katryniok, 2018 Fla. App. LEXIS 1312, the Court of Appeals of Florida for the Fourth District considered whether Florida Statute § 725.06 applied to a contract for the excavation of various neighborhood easements containing telecommunication lines. The court held that the statute did not apply because the contract for the excavation work was unrelated to a “building, structure, appurtenance, or appliance,” as explicitly required by the statute. The court’s analysis highlights the importance of thoroughly analyzing statutes and considering (and anticipating) their most narrow interpretations. Continue reading

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Beanworthy Recalls Combination Battery Chargers/Hand Warmers Sold Exclusively at Amazon.com


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In subrogation cases where the insured’s damages were caused by a defective product, the fact that the product at issue is or was subject to a recall announced by the Consumer Product Safety Commission (CPSC) may help to establish that the product was defective when it left the manufacturer’s possession and control. On March 15, 2018, the Consumer Product Safety Commission announced the following recall related to a product that presents a fire hazard:

Beanworthy Recalls Combination Battery Chargers/Hand Warmers Due to Fire and Burn Hazard; Sold Exclusively at Amazon.com (Recall Alert)

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