Disciplined in Sophisticated Defense and Insurance Litigation

October 01, 2006 | Publication| Product Liability: The Top 30 Hooks!

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

October 29, 2018 PublicationThe Importance and Requirement of Having a Representative with Full Settlement Authority at Mediation

Mediations are one of the most common and effective forms of Alternative Dispute Resolution.  They typically occur with an attorney, a party representative and a mediator all present at the same location.  Most mediations follow a standard procedure that begins with the mediator providing a short explanation of the mediation process, followed by an opening statement by the Plaintiff and Defendant, and then lead to the parties breaking off into caucus where the mediator will meet with each attorney and party representative to begin the negotiation process. 

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July 12, 2017 PublicationState Specific: Tennessee Addresses Production of Underwriting Files, Similar Claim Materials and Reserves in First Horizon National Corporation v. Houston Casualty Company, et al.

As a result of the coverage denial, First Horizon sued its insurers. This article will address a few of the discovery disputes that arose in the coverage case and how they might be relevant to issues that might arise in litigation of a subrogation claim.

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October 13, 2015 Publication(Un)Reel Legal Ethics: Obscure Critiques of Ethical Issues in Hollywood Films About Civil Litigation

Dean S. Rauchwerger, Geoffrey M. Waguespack, and Jonathan M. Levy of Butler’s Chicago office authored (Un)Reel Legal Ethics: Obscure Critiques of Ethical Issues in Hollywood Films about Civil Litigation, published in NASP’s Subrogator, Fall 2015. The article cleverly explores issues of legal ethics that arise in modern movies involving civil litigation, set in the style as written by movie critics.

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October 13, 2015 PublicationWhen is the Contract Complete? Court Rules that Statue of Repose Commences Upon Final Payment.

Recently, Florida’s Fifth District Court of Appeal reviewed the statute of repose relative to improvements to real property.

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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, 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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May 01, 2005 PublicationBuilding Your Product Liability Claim: A Product Supplier's Obligations Under The Consumer Product Safety Act

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

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February 23, 2017 PublicationIs It Hot in Here? Significant Recovery Opportunities with Boiler Failures

Water boiler failures provide significant recovery opportunities. By understanding how these relatively simple systems work, one can realize that recovery potential and identify the probable failures modes, skillfully directing the recovery investigation, and asserting the proper legal theories that afford recovery.

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May 05, 2015 PublicationProduct Liability Blackjack (21) Ways to Win, Bust or Fold!

Strategic thinking in prosecuting or defending product liability actions often mirrors the creativity, gut-check and fortitude to play the winning blackjack hand. As in blackjack, in the litigation game, it is often not how you start but how you finish that decides the winner. Though the cards often favor the house or your adversary, playing your cards to their maximum potential yet recognizing when it is necessary to fold, is vital to smartly beating the odds. Below is a practical checklist of 21 ways to win, bust or fold in your product liability game.

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June 26, 2013 PublicationFlorida Supreme Court Limits Economic Loss Rule to Products Liability Claims

In an advantageous decision for the subrogation industry, the Florida Supreme Court recently narrowed the scope of the economic loss rule, and limited the rule’s application to only cases involving products liability. Broadly stated, the economic loss rule prohibits a tort action in certain circumstances when the damages incurred are wholly economic, and there is no other property damage or personal injury. Although inexplicably expanded over time, the recent decision curtails the expansive definition and returns Florida’s economic loss rule to its historical roots. 

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December 01, 2006 PublicationAttacking the Admission of OSI Evidence

In product liability lawsuits, plaintiffs frequently seek to admit evidence of other incidents involving the same product alleged to be defective in that particular case. Although the stated rationale for the admission of this evidence can vary, the practical reality is that one of the primary reasons plaintiffs seek to admit "other similar incident" ("OSI") evidence is because of the considerable influence it can have on a jury in hearing of other catastrophic injuries that have previously occurred.

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April 01, 2006 PublicationAre Products Advertisements That Give Rise to Advertising Injury Coverage?

International Risk Management Institute (©Copyright April 2006) (with Rebecca C. Appelbaum)  

Please contact the attorney for a copy of the article.

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May 01, 2005 PublicationPractical Considerations in the Defense of Rollover Accident and ROPS Defect Claims

Despite the prevalence of rollover protective structures ("ROPS") on agricultural and construction equipment manufactured over the last two decades, claims against manufacturers and dealers arising out of rollover accidents continue to be filed. These cases often involve older machinery that was manufactured without ROPS as standard equipment, or machinery that has a design or purpose that make ROPS inappropriate.

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May 01, 2005 PublicationBuilding Your Product Liability Claim: A Product Supplier's Obligations Under The Consumer Product Safety Act

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

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