Gavel

Florida Court of Appeals Holds Underlying Tort Case Must Resolve Before Third-Party Spoliation Action Can Be Litigated


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In Amerisure Ins. Co. v. Rodriguez, 43 Fla. L. Weekly 2225 (Fla. Dist. Ct. App., Sept. 26, 2018), the Third District Court of Appeals of Florida addressed whether a third-party spoliation claim should be litigated and tried at the same time as the plaintiff’s underlying tort case. The court held that since the third-party spoliation claim did not accrue until the underlying claim was resolved, the spoliation cause of action could not proceed until the plaintiff resolved his underlying claim. Continue reading →

This entry was posted in Evidence, Florida, Spoliation and tagged , .
Recall Alert

A.O. Smith Issues Two Water Heater Recalls


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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 November 8, 2018, the CPSC announced the following recalls related to products that present fire hazards:

A.O. Smith Recalls Ultra-Low NOx Water Heaters Due to Fire Hazard;

A. O. Smith Recalls 30-Gallon Gas Water Heaters Due to Fire Hazard; Sold Exclusively at Lowe’s.

This entry was posted in CPSC Recalls, Products Liability and tagged .
Gavel

A Tort Claim Is Not a Debt Within the Meaning of the Colorado’s Fair Debt Collection Practices Act


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In Ybarra v. Greenberg & Sada, P.C., 2018 CO 81, 2018 Colo. LEXIS 828 (Oct. 15, 2018), Francis Ybarra (Ybarra) filed a complaint against the law firm retained by State Farm Auto Insurance Company (State Farm) to pursue subrogation against Ybarra. In his suit, Ybarra alleged that the law firm violated Colorado’s Fair Debt Collection Practices Act (FDCPA) when it secured a default judgment against Ybarra. The Supreme Court of Colorado, agreeing that State Farm’s subrogation claim was not a transaction giving rise to a debt within the meaning of the FDCPA, held that the trial court properly dismissed Ybarra’s complaint for failure to state a claim. Continue reading →

This entry was posted in Colorado, Subrogation and tagged , , .
Construction Defect

Florida’s Fourth District Appeals Court Clarifies What Actions Satisfy Florida’s Construction Defect Statute of Repose


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In Gindel v. Centex Homes, 2018 Fla.App. LEXIS 13019, Florida’s Fourth District Court of Appeal recently concluded that the date on which the plaintiffs provided a pre-suit notice in compliance with §558.004 of Florida’s construction defect Right-to-Cure statute, Fla. Stat. §§ 558.001 to 558.005, et. seq., is the date on which the plaintiff commenced a “civil action or proceeding,” i.e. an “action,” within the meaning of Florida’s construction defect statute of repose, Florida Statue § 95.11(3)(c). Thus, reversing the decision of the trial court, the Fourth District held that the plaintiffs timely-filed their construction defect action against the defendants. Continue reading →

This entry was posted in Construction Defects, Florida, Right to Repair Act, Statute of Limitations-Repose and tagged , , .
Product Recall

Haier America Recalls Top-Mount Refrigerators


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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 October 25, 2018, the CPSC announced the following recall related to a product that presents a fire hazard:

Haier America Recalls Top-Mount Refrigerators Due to Fire Hazard.

According to the CPSC, “[a]n electrical component in the refrigerator can short circuit, posing a fire hazard.”

This entry was posted in CPSC Recalls, Products Liability and tagged .
Supreme Court

Courts Favor Arbitration in Two Recent Construction Dispute Cases


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Recent court decisions have signaled the courts’ proclivity to prefer arbitration over full-fledged litigation when provisions in construction contracts are called into question. While the courts recognize a party’s constitutional right to a jury trial, the courts also lean strongly towards resolving disputes via arbitration as a matter of public policy, especially if a construction contract carves out arbitration as an alternative to litigation. Continue reading →

This entry was posted in AIA Contracts, Arbitration, Construction Defects, Maryland, North Carolina and tagged , , , .
Recall Alert

Brookstone Wireless Speakers Recalled


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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 October 19, 2018, the CPSC announced the following recall related to a product that presents a fire hazard:

Brookstone Wireless Speakers Recalled Due to Fire Hazard.

According to the CPSC, “[t]he lithium ion batteries in the wireless speakers can overheat and catch fire, posing a fire hazard.”

This entry was posted in CPSC Recalls, Products Liability and tagged .
Product Recall

Hydrolevel Recalls Controllers for Slant/Fin Boilers


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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 October 18, 2018, the CPSC announced the following recall related to a product that presents a fire hazard:

Hydrolevel Recalls Controllers for Slant/Fin Boilers Due to Fire Hazard.

According to the CPSC, “[a] malfunction in the recalled controller can cause the boiler to overheat, posing a fire hazard.”

This entry was posted in CPSC Recalls, Products Liability and tagged .
Recall Alert

Kikkerland Recalls Wireless Charger Bedside Pockets


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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 October 18, 2018, the CPSC announced the following recall related to a product that presents a fire hazard:

Kikkerland Recalls Wireless Charger Bedside Pockets Due to Fire and Burn Hazard.

According to the CPSC, “[t]he wireless charger bedside pockets can overheat, posing fire and burn hazards.”

This entry was posted in CPSC Recalls, Products Liability and tagged .
Product Recall

Cooper Lighting Recalls Solar/Battery Powered Light Fixtures


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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 October 11, 2018, the CPSC announced the following recall related to a product that presents a fire hazard:

Cooper Lighting Recalls Solar/Battery Powered Light Fixtures Due to Fire Hazard.

According to the CPSC, “[t]he batteries in the solar-powered light fixtures can overheat and cause the light fixture’s housing to melt, posing a fire hazard.”

This entry was posted in CPSC Recalls, Products Liability and tagged .