The Subrogation Strategist

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 13, 2025, the CPSC announced the following recalls related to products that present fire hazards:

1. Meijer Recalls Konwin Desktop Heaters Due to Fire and Burn Hazards. According to the CPSC’s website, “[t]he heater’s fan can fail to turn on and cause the ...

In L.W. v. Audi AG, 108 Cal. App. 5^th 95, the Court of Appeal of California (Court of Appeal) recently held that a foreign manufacturer can be subject to specific personal jurisdiction in California state courts. In L.W., a minor child suffered injuries when an Audi Q7 allegedly malfunctioned and surged forward, pinning the child against a garage wall. The plaintiffs brought suit against Audi AG (Audi Germany) and Volkswagen Group of America, Inc. doing business as Audi of America (Audi America). Audi Germany designed, manufactured and then sold the Audi Q7 to Audi America. Audi ... Continue Reading

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 February 27, 2025, the CPSC announced the following recall related to a product that presents a fire hazard:

Goal Zero Recalls Solar Series Combiner Cables for Solar Panels Due to Fire Hazard.

According to the CPSC’s website, “[t]he recalled combiner cables can ... Continue Reading

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 February 20, 2025, the CPSC announced the following recalls related to products that present fire hazards:

1. OdorStop Recalls Boot and Shoe Dryers and Deodorizers Due to Fire Hazard. According to the CPSC’s website, “[t]he heat or ozone on-off switch can short ...

In Rich v. Plumbing No. 1:23-cv-00705-SAG, 2025 U.S. Dist. LEXIS 2263, the United States District Court for the District of Maryland considered two motions for summary judgment, each arguing that the court should exclude the testimony of the plaintiff’s expert. Although the court allowed the plaintiff to file a supplemental brief, it ultimately granted the defendants’ motions for summary judgment. Consequently, the court deemed the testimony of the plaintiff’s one and only expert inadmissible.

The plaintiff, Whitney Rich, on behalf of C.W., brought this action after her ... Continue Reading

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 February 13, 2025, the CPSC announced the following recalls related to products that present fire hazards:

1. Target Recalls Spritz™ Resin Hanukkah Dino Menorahs Due to Fire Hazard. According to the CPSC’s website, “[t]he recalled resin menorahs can burn or ...

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 February 6, 2025, the CPSC announced the following recalls related to products that present fire hazards:

1. LG Recalls Electric Ranges Due to Fire Hazard. According to the CPSC’s website, “[f]ront-mounted knobs on the recalled ranges can be activated by ...

In Federal Ins. Co. v. J. Gallant Elec. Servs., Inc. No. 1-22- CV-00123-MSM-LDA, 2024 U.S. Dist. LEXIS 218185, the United States District Court for the District of Rhode Island considered whether it could exercise personal jurisdiction over an out-of-state, third-party defendant.Continue Reading

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 January 16, 2025, the CPSC announced the following recalls related to products that present fire hazards:

1. Lexmark International Recalls Specialty Printers Due to Fire Hazard. According to the CPSC’s website, “[a] metal part inside the printer can dislodge ...

The purpose of certificate of merit (sometimes referred to as affidavit of merit) statutes is to identify frivolous claims before the court wastes time and resources during litigation. More common in medical malpractice cases, several states have enacted similar requirements for professional negligence claims dealing with construction-related issues. While a subrogation attorney should not be bringing a frivolous case to suit anyway, the requirement adds another step in the process that plaintiffs need to properly navigate.Continue Reading