Recall Alert

Verizon Recalls 2.5 Million Ellipsis Jetpack Mobile Hotspots Imported by Franklin Wireless


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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 8, 2021, the CPSC announced the following recall related to a product that presents a fire hazard:

Verizon Recalls 2.5 Million Ellipsis Jetpack Mobile Hotspots Imported by Franklin Wireless Due to Fire and Burn Hazards.

According to the CPSC, “[t]he lithium ion battery in the hotspots can overheat, posing fire and burn hazards.”

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

Goal Zero Recalls Power Cables


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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 7, 2021, the CPSC announced the following recall related to a product that presents a fire hazard:

Goal Zero Recalls Power Cables Due to Fire Hazard.

According to the CPSC, “[t]he pins inside the connector on the power cord can deform and overheat, posing a fire hazard.”

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

New Hampshire Applies Crete/Sutton Doctrine to Bar Subrogation Against College Dormitory Residents


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Pursuant to the Sutton Doctrine, first announced in Sutton v. Jondahl, 532 P.2d 478 (Okla. Ct. App. 1975), some jurisdictions consider a tenant a coinsured of its landlord absent an express agreement to the contrary. In Ro v. Factory Mut. Ins. Co., No. 2019-0620, 2021 N.H. LEXIS 34 (Mar. 10, 2021), the Supreme Court of New Hampshire held that the Sutton Doctrine, adopted by New Hampshire in Cambridge Mut. Fire Ins. Co. v. Crete, 846 A.2d 521 (N.H. 2004), extends to resident students in a college dormitory. Thus, absent specific language to the contrary, a student is an implied coinsured under the fire insurance policy issued for his or her dormitory. Continue reading

This entry was posted in Anti-Subrogation Rule, Landlord-Tenant, New Hampshire, Subrogation, Sutton Doctrine and tagged , , , .
Gavel

Saved By The Statute: The Economic Loss Doctrine Does Not Bar Claims Under Pennsylvania’s Unfair Trade Practices and Consumer Protection Law


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In Earl v. NVR, Inc., No. 20-2109, 2021 U.S. App. LEXIS 6451, the U.S. Court of Appeals for the Third Circuit (Third Circuit) considered whether, under Pennsylvania law, the plaintiff’s Unfair Trade Practices and Consumer Protection Law (UTPCPL) claims against the builder of her home were barred by the economic loss doctrine. The UTPCPL is a Pennsylvania statute that prohibits “unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce.” 73 Pa. Stat. Ann. § 201-3. The Third Circuit previously addressed the impact of the economic loss doctrine on UTPCPL claims in Werwinski v. Ford Motor Co., 286 F.3d 661 (3d Cir. 2002). In Werwinski, the court held that the plaintiff’s UTPCPL claim was barred by the economic loss doctrine. The Court of Appeals overturned its decision in Werwinski and held that the economic loss doctrine does not bar UTPCPL claims since such claims are statutory, and not based in tort. Continue reading

This entry was posted in Construction Defects, Economic Loss Rule, Pennsylvania and tagged , , , .
Product Recall

Consumer Product Safety Commission Announces Products Recalled Due To Fire Risks


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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 25, 2021, the CPSC announced the following recalls related to products that present fire hazards:

  1. Polaris Recalls Ranger Recreational Off-Highway Vehicles and ProXD, Gravely and Bobcat Utility Vehicles Due to Fire Hazard (Recall Alert). According to the CPSC, “[t]he drive belt can break during operation and damage the inner clutch cover assembly and fuel line, which can result in a fuel leak, posing a fire hazard.”
  2. Inyo Pool Products Recalls PureLine Pool Pump Motors Due to Fire Hazard; Sold Exclusively on inyopools.com (Recall Alert). According to the CPSC, “[t]he pool pump motors can overheat, posing a fire hazard.”
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Recall Alert

Flame King Recalls Hog 100-Pound Propane Cylinders


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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 24, 2021, the CPSC announced the following recall related to a product that presents a fire hazard:

Flame King Recalls Hog 100-Pound Propane Cylinders Due to Fire Hazard.

According to the CPSC, “[t]he propane cylinders manufactured with a handle below the weld on the side could leak propane gas, posing a fire hazard.”

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Product Recall

HD Hudson Recalls Battery-Powered Sprayers


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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 18, 2021, the CPSC announced the following recall related to a product that presents a fire hazard:

HD Hudson Recalls Battery-Powered Sprayers Due to Fire Hazard.

According to the CPSC, “[t]he sprayer’s lithium-ion battery can overheat, posing a fire hazard.”

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

Original and Subsequent Homeowners in Rhode Island Are Subject to the Same Rules for Determining How Long a Breach of Implied Warranty Claim Is Actionable


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In Mondoux v. Vanghel, No. 2018-219, 2021 R.I. LEXIS 2, 2021 WL 264542, the Supreme Court of Rhode Island considered whether to apply the “discovery rule” to toll the ten year statute of limitations in R.I. Laws § 9-1-13(a) for the plaintiffs’ action for breach of the implied warranty of habitability. Stated another way, the court considered when the plaintiffs’ claim accrued with respect to latent defects. Guided by public policy and the need to provide a definite end for exposure to liability as reflected in Rhode Island’s construction-related ten year statute of repose, R.I. Laws § 9-1-29, the court applied a modified discovery rule. Continue reading

This entry was posted in Rhode Island, Statute of Limitations-Repose, Warranty - Construction, Warranty-Implied and tagged , , , .
Recall Alert

Melaleuca Recalls Three-Wick Revive Candles


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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 11, 2021, the CPSC announced the following recall related to a product that presents a fire hazard:

Melaleuca Recalls Three-Wick Revive Candles Due to Fire and Burn Hazards (Recall Alert).

According to the CPSC, “[t]he candles’ high flames can ignite the surface of the wax, posing fire and burn hazards.”

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

What’s the Gist? Massachusetts Court Looks Past the Labels to the Gist of the Plaintiff’s Allegations to Find Claims Barred by the Statute of Repose


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In Lennar Northeast Props. v. Barton Partners Architects Planners, Inc, C.A. No. 16-cv-12330-ADB, 2021 U.S. Dist. LEXIS 11800, the United States District Court for the District of Massachusetts considered whether a property owner’s construction defect claims against a contractor were barred by the six-year statute of repose for improvements to real property. Massachusetts’ statute of repose, Mass. Gen. Laws ch. 260, § 2B, bars tort actions against those involved in the design, planning, construction or general administration of an improvement to real property more than six years after the earlier of the dates of (1) the opening of the improvement to use; or (2) substantial completion of the improvement and the taking of possession or occupancy by the owner. Finding that, despite the fact that the plaintiff’s actions were labeled as contract, breach of warranty and consumer protection act claims, the complaint alleged actions sounding in tort. Thus, the court applied the statute of repose to these claims. Continue reading

This entry was posted in Construction Defects, Litigation, Massachusetts, Statute of Limitations-Repose, Subrogation and tagged , , , , , .