Disciplined in Sophisticated Defense and Insurance Litigation

November 21, 2016 | Publication| Boom! Maximizing Recoveries in Catastrophic Explosions

Dean S. Rauchwerger, Geoffrey M. Waguespack

This article originally appeared in "Claims Management", a publication of the Claims & Litigation Management Alliance (CLM). Legal opinions may vary when based on subtle factual differences. All rights reserved.

Boom! An explosion occurs. What results is a crisis — a catastrophe for the property owner, their employees, the local community, and all stakeholders in the explosion event. Everyone connected to the explosion is touched in their business and economic interests, by insurance consequences, and by those suffering bodily injuries or fatalities. Needless to say, an explosion is an extraordinary event that forever changes the psyche of those affected. The bigger the scale of the explosion, the bigger the challenges are to move forward and to develop viable recovery claims. It is a dilemma that requires sophisticated leadership and seasoned subrogation counsel, forensic consultants, and loss adjusters.

The Aftermath

Immediately, many questions arise: How did it happen? Was it avoidable? Could it happen again? How will the entities harmed overcome the many difficult challenges to stay robust and engaged in their regular course of business? Will it devastate the enterprise? Who is at fault? Who should compensate the victims? Are there legally viable recovery claims to pursue against third parties? How are those tortfeasors identified? Can sufficient evidentiary proof be established? How should the media be addressed? The government? Where do we begin? These are just a few of the many challenges inherent in the explosion crisis that must be managed and overcome to maximize the recovery opportunities of the property insurers and their insured.

The scope and depth of the recovery investigation depends on the dollars at stake, the severity of the property damages and business interruption, the complexity of determining the root cause, the loss site conditions, and the interests of government agencies and third parties. Managing the recovery investigation and pursuit requires developing near- and long-term objectives and a practical plan of action (POA) to make the recovery opportunity a tangible reality. The recovery team must be proactively energized and engaged. After all, ultimately, the jury seeks to know: 1) What caused the explosion? 2) How do we know that was the explosion cause? 3) Are alternative failure modes credibly eliminated? In short, the “but for” causation analysis remains alive and kicking.

Navigating the complex challenges and honing in on practical strategies for effectively developing viable recovery claims from a catastrophic explosion are challenging. It is a treacherous sea to sail. The fog of the crisis creates great pressures and dangers. While every crisis is an opportunity, every crisis also is, by its very nature, a time of uncertainty. The crisis must be addressed upfront for what it is — a crisis. Embrace it. The damages are likely severe and the insurance exposure big.

Subrogation

The $64,000 question is to subrogate or not. An effective, efficient, and strategically focused recovery investigation is vital to determine a plan of action. A provable claim needs to be developed, based on facts, credible witnesses, and good science. The subrogation team needs to avoid jumping to quick causation theories. The root cause must be thoughtfully investigated. Expect a long haul. Getting through the eye of the storm is neither easy nor quick. The recovery team needs to get in the mud, perform its dig-out, and then step back, and thoughtfully analyze the evidence.

Subrogators must explain to the insured what’s involved, the importance of their support, and that the subrogation team is committed to finding out what happened. With strong, confident leadership, the recovery team will be able to navigate the explosion crisis to calm waters, and hopefully a recovery from the wrongdoers.

Crisis Management

What do you do? Who do you immediately inform? Notification of interested stakeholders is critical. These stakeholders should be considered for prompt notification:

  • Risk Manager
  • Insurers
  • Corporate Executives and Officers
  • Corporate Spokespersons
  • Relevant Government Agencies

Engaging legal counsel quickly during a crisis is imperative. Choosing the right counsel is key. Confirm counsel’s competence in large loss events and complex subrogation. Counsel should effectively manage a crisis to the desired outcome. Of course, counsel should be an effective communicator, capable of wearing varied hats, as needed throughout the crisis and its aftermath.

When hiring counsel, serious consideration should be given to how counsel will treat you as a client. Counsel should agree to follow your policies and guidelines, and then actually do so. As a client, you should expect and receive frequent and timely communications. You should be comfortable asking questions of counsel and expect to receive straightforward answers. Counsel should be effective at managing budgets diligently.

Although many clients “hire the attorney and not the firm,” the firm supporting the attorney is important. Inevitably, the attorney you hire will require support of fellow attorneys and the firm’s staff. Be sure to consider whether the support is adequate for the task.

Choosing Experts

When choosing experts, a vital concern is whether they are qualified. Generally, in fire and explosion matters, both a cause and origin expert and one or more forensic experts may be necessary. A damages expert will likely be necessary as well. Beyond being qualified, other intangibles should be considered:

  • Will the expert play well in the local community?
  • Does the expert speak clearly?
  • Is the expert trustworthy and credible?
  • Is the expert confident in manner and in the position asserted?
  • Is the expert overconfident?
  • Can the expert withstand cross-examination?
  • Does the expert understand that his or her role is not to litigate the case?
  • Do you get along with the expert?
  • Is the expert someone with whom you can spend hours in a closed room or on the phone?
  • Would the expert boost the credibility of your team?
  • Can the expert simplify complicated concepts for a lay jury?
  • Does the expert write well, so that reports are clear and concise?
  • How well does the expert understand and embrace the legal goals?
  • Does the expert exhibit bias toward certain positions or unsettled theories?
  • Does the expert have conflicts of interest?
  • Does the expert testify for only the plaintiff’s side/defense side?
  • Is the expert cost-sensitive?
  • Does the expert set a budget at reasonable and appropriate rates by anticipating costs and expenses, and stick to it?
  • What experiences have others had with the expert?

Recovery Theories

During the investigation, experts will develop and test hypotheses for the explosion based on the available information. These hypotheses will aim to explain how an explosion’s fuel and ignition source came together and how the initial explosion propagated to create the damages. During this process, the expert will use several tools and approaches to develop and test hypotheses, combining the physical evidence with fire and explosion science (i.e., blast overpressure/wave properties, combustion chemistry, and/or fluid dynamics).

The expert will also consider several different types of explosions as part of the investigation, such as mechanical explosions, boiling liquid expanding vapor explosions (BLEVEs), chemical explosions, combustion explosions, and electrical explosions, as well as flash fires. The effects of these types of incidents will be combined with the damage and the available information regarding the system prior to the explosion (fuels, ignition sources, confinement/geometry, venting/protection systems, and blast dynamics) to rule in or to rule out various hypotheses and to determine an origin and ignition scenario for the incident.

Causation Considerations

Operator Error or Misuse — A wide variety of incidents occur as a result of operator error or equipment misuse. If human error is a possible cause and contributing factor, investigative efforts must be tailored accordingly.

Spills or Leaks — If there is evidence of a spill or a leak that caused the explosion, investigation inquiries include the type of spill and the type of release. Whether the release was sudden or long-term must be determined.

Design Defects — Design defects should be considered when an equipment failure is involved in the explosion. Product designers need to account for all foreseeable users and uses/misuses to which the users might put the product.

Manufacturing Defect — Manufacturing defects occur when the product is made in a way that deviates from its intended design. No matter how careful the manufacturer was when designing the product, choosing materials, creating the assembly line, and issuing quality assurance, the manufacturer may be liable for deviations.

Improper Packaging/Inspection — Improper packaging is a subset of design and manufacturing defects.

Failures to Warn — Sellers and manufacturers have a duty to warn consumers when their products or equipment pose reasonably foreseeable risks of harm.

Implied Warranties — Warranty claims are contract based. There are two types of implied warranties: warranties of fitness and warranties of merchantability.

Express Warranties — An express warranty is any affirmation of fact or promise the seller makes to the buyer, relating to the goods that becomes part of the basis for the bargain.

Protection/Suppression System Failures — Automatic fire suppression systems (wet or dry) are some of the most effective means of preventing fire damage. Explosion relief systems also mitigate the blast impact. A fire suppression or explosion relief system can be design-specific and engineered for the specific application. Failure of the system should be considered at the outset of every fire and explosion investigation. Design documentation regarding the particular system or component of interest should be obtained. Installation documentation, invoices, contracts, service providers, alarm activation history, product literature, and maintenance records should all be examined.

Successful Recovery

The key to a successful recovery pursuit is having the right team of professionals in place. The investigation and any recovery litigation must be based on credible evidence and good science. The critical gist: facts and proof make all the difference! The recovery team should be effective, efficient, and strategic in its efforts. While an explosion crisis is severe and chaotic, a strong, focused and thorough forensic investigation, with skilled leadership, affords the potential for maximizing recovery opportunities arising out of all catastrophic losses, including explosions, fires and other major calamities.

Brian Boardingham is Assistant General Counsel for XL Catlin. Andrew S. Brooslin is Litigation Counsel for FM Global. Raymond F. Charleston is Vice President - Property Claims U.S. for Berkshire Hathaway Specialty Insurance. Russell A. Ogle, Ph.D., is a Principal Engineer with Exponent, Dean S. Rauchwerger is a Partner, Butler Weihmuller Katz Craig LLP. Sean J. Dee, Ph.D., Exponent, and Geoffrey M. Waguespack, senior associate, and Jonathan M. Levy, an associate of Butler Weihmuller Katz Craig LLP, also contributed to this article.

Dean S. Rauchwerger

A Partner at Butler Weihmuller Katz Craig LLP. in Chicago, IL. Dean practices in our Product Liability, Subrogation & Recovery, and Casualty Defense Litigation departments.

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October 01, 2014 PublicationOptimizing the Use of Technology in Mediation

From cell phones, to the world wide web, to electronic mail, and beyond, over the past twenty years, we have experienced an unprecedented growth in technology, as well as a growing dependence in our day-to-day lives on these technologies. Accordingly, it is of little surprise parties and mediators alike have implemented the advancements in information technology to the mediation process. Various forms of technology can be utilized to assist parties from the initial stages of selecting a mediator to the actual day of the mediation conference, and all points in between. This article details a number of ways technology advancements have affected the way parties mediate.  

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June 26, 2014 PublicationThe Language Was Not Enough: Florida Supreme Court Holds that the Standard "Transfer of Rights" Provision Does Not Abrogate the "Made Whole Rule"

The scope of these transferred rights had not been addressed in Florida until the Eleventh Circuit certified the issue to the Florida Supreme Court. In its recent opinion, the Florida Supreme Court clarified that a basic transfer of rights provision, without more, does not give the insurer a right of priority. Under such circumstances, priority of recovery remains dictated by Florida's common law "made whole doctrine." 

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April 01, 2014 Publication"How to Succeed at Subrogation (...but you do have to try!)"

Success in Subrogation can be measured in many ways, and depends greatly on what type of business is at issue for the underlying recovery claim.  There can be different strategies for each type of subrogation claim (Property is different from Health Care which is different from Workers Comp which is different from Auto) but there are some universals, and we will try to discuss those here.

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April 01, 2014 Publication"Texas Damages"

In Property Subrogation, one of the most difficult damages situationsto deal with is a commercial loss where older equipment is destroyed and that equipment is integral to the operation of a facility.  Oftentimes, the business decision is made to replace used equipment (which may not have a fair market value in the marketplace) with new equipment, to minimize the downtime and the associated business income loss.  A recent Texas case may give property subrogators some ammunition to contest how those pieces of equipment get valued for recovery purposes.

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December 01, 2013 PublicationProving Lost Profits In a Subrogation Case: It's No Easy Matter

This article was originally published in the Subrogator, a publication by the National Association of Subrogation Professionals, Winter, 2013. © Copyright 2013 by NASP. All rights reserved. Republished by Butler with permission from NASP.

As subrogation professionals, it is sometimes easy to overly focus on the liability issues in each case, leaving a thorough damages analysis for another day. However, it is a better practice to perform a complete evaluation of the legally recoverable damages early during the subrogation investigation, so that the true value of the claim can be ascertained and relayed to the subrogating insurer. This is especially so in cases where the business interruption portion of the loss is significant, since an error in proper quantification of the recoverable portion of the business interruption loss could dramatically change the overall valuation of a case -- both for settlement and trial purposes.

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July 01, 2013 PublicationSeventh Circuit Holds that an "Amorphous Litany of Complaints about a Myriad of Workplace Decisions" Is Insufficient to Establish Discrimination under the Direct Method of Proof

If you would like to discuss this topic further, please contact Geoffrey Waguespack or directly 312-462-9157.

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May 01, 2013 PublicationAvoiding The Economic Loss Rule In Construction Claims

The Economic Loss Rule  was initially developed in the products liability context....

However, over the years, courts have used the product liability concepts created in the early cases interpreting the Rule to expand the Rule's application to include construction claims, which has created problems in applying the Rule in non-product liability claims. "[T]the troublesome cases discussing the dreaded economic loss rule have usually arisen in the field of construction."

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May 01, 2013 PublicationStuck Between a Collapsed Wall and a Hard Place: The Failure to Establish the "Standard of Care" in a Negligence Claim

Generally, "to establish a claim for negligence, a plaintiff must show: (1) the defendant had a legal duty to conform to a certain standard of conduct; (2) the defendant breached that duty; and (3) the plaintiff sustained damage that was proximately caused by the defendant's breach.

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May 01, 2013 PublicationExamination Under Oath: A Vital Tool in Examining Potentially Fraudulent Claims

SIU Manager, Ryan West, was used to the smell. You know the smell. It is scorched. It is bitter. It is the seemingly everlasting and sticky odor of smoke.  He's at the fire scene to take a recorded statement of Belinda Peters. Her house burned last night. Burned as she started frying some chicken for dinner.  Her attention was diverted from the stove while she took a call from her aunt in the Netherlands. Her story, to the fire department, is that she left the stove unwatched, unattended, for a mere minute.

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April 01, 2012 PublicationWhat Nearly Two Decades as a Subrogation Attorney Has Taught Me about Product Safety

The other day when I was asked to write an article about "product safety" I pondered how to best approach this.  As we all know, what is or is not a "safe product" is often in the eye of the beholder (or which side of the "v" you are on!).  Is any product that fails even once an "unsafe product?"  If 1,000,000 items have been manufactured and "only" 73 of them have failed, is that an "unsafe product?"  What about 133 of them?  If a product fails when it was being used improperly, but it was not a stretch for the manufacturer to have anticipated this "alleged misuse", is that an "unsafe product?"  If a product has been tested by agencies and groups with an international reputation for such testing, and the product has passed, can that product be an "unsafe product?" 

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April 01, 2012 PublicationMade-Whole Interpretations Leave Insurers Feeling Empty

There is a growing trend among state courts to interpret the made-whole doctrine in ways that have the potential to make it very difficult for insurers to effectively exercise their subrogation rights.  In recent years, state courts’ decisions have increasingly created hurdles for insurers to overcome before they are able to actively pursue recovery for payments made to their insured.  These requirements could have a potentially chilling effect on the field of insurance subrogation.

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February 14, 2012 Publication"Freedom to Contract" Gives Rise to Big Recovery Opportunities from Policyholders for Self-Insured Retentions, Deductible Reimbursements, Retrospective Premiums and Loss Adjustment Expenses

Insurance policies often include language that allows insurers to recover amounts they have advanced for the insured's benefit. For instance, if the insured's policy has a SIR, the policy may contain a provision similar to the following:

We shall have the right but no obligation, in all cases,  to assume charge of the defens and/or settlement of any claim, and, upon our written request, you shall tender such portion of the SIR as we may deem necessary to complete the settlement of such claim.
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October 29, 2009 PublicationThe Daubert Tango: "Recent Developments In Fire and Explosion Litigation"

In 1923, the Court of Appeals for the District of Columbia, affirming the exclusion of an expert witness at trial, stated:

Just when a scientific principle or discovery crosses the line between the experimental and demonstrable stages is difficult to define. Somewhere in this twilight zone the evidential force of the principle must be recognized, and while courts will go a long way in admitting expert testimony deduced from a well recognized scientific principle or discovery, the thing from which the deduction is made must be sufficiently established to have gained general acceptance in the particular field in which it belongs.

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October 07, 2008 PublicationLanding the Knockout Punch: Contacting Another Party's Current And Former Employees Within the Ropes

Winning litigation requires that you and your counsel land the devastating uppercuts at the key moments in the fight. Big opportunities for critical testimony and evidence exist by pursuing permissible ex parte contacts with another party's current and former employees. The ethical ropes and practical tips for effectively contacting and interviewing such witnesses are discussed below.

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December 03, 2007 PublicationDrowning in Black Water: Water Restoration Contractors' Deviations from Industry Good Practices & Standards of Care Trigger Potential Mold Liabilities

Entry of errant water into a building or other structure can lead to serious mold problems, physical damages and substantial property and business interruption losses. This  article provides a roadmap on developing viable recovery claims against restorative drying contractors who were involved in improper and careless restoration and remediation of water  damaged property. As in any garden-variety tort claim, it is imperative that your counsel appreciate the critical importance of identifying the target contractor's vulnerable liability exposures.

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December 05, 2006 PublicationUnderwriters Laboratories—The Forgotten Island In The Litigation Seas—"Full Of Fruit"—For Bolstering Or Undercutting Product Integrity

Underwriters Laboratories Inc. ("UL") is a nonprofit organization conducting product safety evaluations. UL Marks are on 19 billion products ( www.ul.com ). As of 2005, there are more than 71,000 manufacturers producing UL-certified products and 97 countries where UL customers are located. UL publishes hundreds of safety standards and disseminates safety information globally.

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August 01, 2006 PublicationThe Big Daubert Hurdles in Fire & Explosion Litigation

Over a decade has passed since the U.S. Supreme Court's ruling in Daubert v. Merrell Dow Pharmaceuticals, Inc ., 509 U.S. 579 (1993), and it is time to evaluate where we've been, where we are, and where we are headed on the admissibility of expert opinion testimony in fire and explosion cases.

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June 05, 2006 PublicationA Product Supplier's Liability Exposure for Noncompliance With its Obligation Under the Consumer Product Safety Act and Related alternative Statutory Authorities

Manufacturers, importers, distributors and retailers have the obligation to place only those products that are safe for use into the stream of commerce. In addition to those obvious duties, these entities also face significant duties under the Consumer Product Safety Act (CPSA) ' and other legislation and regulations enforced by the Consumer Product Safety Commission (CPSC).

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May 09, 2006 Publication"Top-Dog" Depositions The Hurdles to Overcome

High-level executives are frequently sought to be deposed because of their unique corporate roles for, inter alia, policy making, corporate governance and implementing policy compliance and corrective actions. On a tactical basis, the executive deposition is pursued so that your adversary's "figurehead" directly feels the "hot buttons" of your case, real-time, without layers of filtering and spin. "Top-dog" depositions, commonly called "apex depositions," cover a wide range of executives, including CEOs, presidents and other senior management positions.

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May 09, 2006 PublicationTaking A Closer Look For Deep Pockets

A CORPORATION is a legal entity created by filing certain documents with the state. It offers many benefits that are found in other entities, such as limited liability, centralized management, transferability of ownership, continuity, and taxation. On the other hand, some of these benefits pose problems for securing legal liability when the corporation is used as a shield to avoid liability or to perpetuate a fraud. In these cases, a victim may be left without any avenue of relief. Fortunately, all hope is not lost!

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May 01, 2006 PublicationAlternative Ways To Use Evidence Of "Other Conduct" That Would Otherwise Not Be Admitted

In developing your case, as plaintiff or defendant, it is important to appreciate the various alternative ways for opening the door to "other conduct" evidence to prove relevant facts at issue. Below is a synopsis of strategic methods and insights for proffering evidence of character for a non-propensity purpose, habit, subsequent remedial measures and prior occurrences/failures.

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January 03, 2006 PublicationGetting the Winning Edge: Appreciating the Permissible Boundaries, in Qui Tam and Other Litigation Contexts, for Contactiong Your Adversary's Current & Former Employees

To say the least, litigation is frequently competitive, hard-fought and fraught with many hurdles. Developing a winning case requires that you seek the edge at every step in the journey. Big opportunities for marshalling critical testimony and evidence exist by pursuing permissible ex parte contacts with your adversary's current and former employees. Below is a general discussion of the ethical boundaries and practical tips for effectively contacting and interviewing such witnesses

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October 05, 2005 PublicationCourageous Whistleblowers are not "Left Out In The Cold": Legitimate Justifications Exist for Collecting Evidence of False Claims Act Violations

It is the courage of whistleblowers, standing up in the face of great adversity and overwhelming pressure to "look the other way;' that enables the False Claims Act ("FCA") to fulfill its primary purpose of combating fraud on the U.S. Treasury. By marshalling evidence and collecting company documents, the whistleblower provides the necessary proof to shed light on fraudulent and illegal FCA activities.

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May 03, 2005 PublicationHow "What We Learned in Little League" Paves the Way for Winning Litigation!"

As in baseball, whether being the batter, pitcher, or outfielder, successful litigation requires a strong belief and conviction that one has the power to shape reality. Certainly, without the batter's confidence that he or she will hit the ball, irrespective of its speed, twists or turns, few home runs would be made, let alone "singles or doubles"

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April 01, 2005 PublicationLive . . . From The House Of Subrogation!

 The Hilton Hotel in Austin, Texas will truly be "The House of Subrogation" from November 13 through 16, when over 1,200 subrogation professionals from around the globe assemble for the NASP Annual Conference. And this year's conference is expected to be even bigger, better and more alive than ever before!

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January 06, 2004 PublicationGoing Toe-to-Toe With Your Opposing Expert

Experts oftentimes make or break cases.  As knowledge and science have grown, so has the range of experts that parties call upon to advocate their cause.  Not only must a party always look to bolster one's own expert case, a party must simultaneously be mindful of the need to undercut your adversary's expert.  As the client, you want to ensure that your assigned counsel appreciates the following practical ways for tackling the opposing expert during the discovery process

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PublicationUnraveling The Complexities Of Contractual Disputes

If you would like to discuss this topic further, please contact Dean Rauchwerger or directly (312) 462-9147.

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PublicationDeveloping A Claim Of Successor Liability—A Practical Guide To Recovery When Your Primary Target Defendant Has No Seizable Assets

If you would like to discuss this topic further, please contact Dean Rauchwerger or directly (312) 462-9147.

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PublicationProtective Orders- Not Everything Can Be Swept Under The Rug!

If you would like to discuss this topic further, please contact Dean Rauchwerger or directly (312) 462-9147.

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PublicationSix Critical Steps For Achieving A Successful Mediation

If you would like to discuss this topic further, please contact Dean Rauchwerger or directly (312) 462-9147.

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PublicationAll Is Not Lost Simply Because A Target Defendant Has No Assets—Pull Out The Magnifier And Investigate The Corporate Connections Of Your Target For Alternative Deep Pockets!

If you would like to discuss this topic further, please contact Dean Rauchwerger or directly (312) 462-9147.

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PublicationContracting Outside The Four Corners Of The United States—A Closer Look At The United Nations Convention On Contracts For The International Sales Of Goods

If you would like to discuss this topic further, please contact Dean Rauchwerger or directly (312) 462-9147.

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PublicationThe Top 100 Ways To Build A Winning Recovery Case: Effective Claims Management Of Subrogation Cases

If you would like to discuss this topic further, please contact Dean Rauchwerger or directly (312) 462-9147.

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PublicationMCS90 Endorsements Provide Significant Subrogation Recovery Opportunities

If you would like to discuss this topic further, please contact Dean Rauchwerger or directly (312) 462-9147.

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PublicationSubrogating The Spill: What Are An Insurer's Options For Recovering Claims Paid As A Result Of The Gulf Oil Spill?

If you would like to discuss this topic further, please contact Dean Rauchwerger at drauchwerger@butler.legal  or directly (312) 462-9147

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PublicationSignificant Recovery Opportunities Where An Insured Breaches Its Reimbursement Policy Obligations For Advanced Deductible, Self-Insured

If you would like to discuss this topic further, please contact Dean Rauchwerger or directly (312) 462-9147.

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PublicationBig Daubert Hurdles In Fire & Explosion Litigation—Revisiting The Importance Of Testing An Expert's Theories

If you would like to discuss this topic further, please contact Dean Rauchwerger or directly (312) 462-9147.

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PublicationMass Confusion in Transactional Business: Boilerplate Forms and Competing Contractual Terms Often Lead to a "Battle of the Forms"—Practical Considerations for Minimizing Litigation

If you would like to discuss this topic further, please contact Dean Rauchwerger or directly (312) 462-9147.

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PublicationUnited States' Liability For Negligent Disaster Response Under The Federal Tort Claims Act

If you would like to discuss this topic further, please contact Dean Rauchwerger or directly (312) 462-9147.

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PublicationUndue Delay In Pursuing Subrogation May Result In Missing The Recovery Boat

If you would like to discuss this topic further, please contact Dean Rauchwerger or directly (312) 462-9147.

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PublicationFederal Tort Claims Act: Pursuing Uncle Sam's Deep Pockets By Unlocking The Right Doors

If you would like to discuss this topic further, please contact Dean Rauchwerger or directly (312) 462-9147.

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PublicationRailroad Subrogation And Third Party Recoveries—"Getting Back On Track"

If you would like to discuss this topic further, please contact Dean Rauchwerger or directly (312) 462-9147.

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PublicationWhen Businesses Compete Fiercely, Crossing Certain Boundaries May Give Rise To Tortious Interference Claims

If you would like to discuss this topic further, please contact Dean Rauchwerger or directly (312) 462-9147.

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