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West Virginia Addresses Its Strict Liability Standard

Working with an expert to support a product defect theory of liability is hard enough as it is. However, when the standard for strict liability is considered, properly supporting such a theory is even harder...more

Florida Court Gives Parties Assigned a Subrogation Claim a Math Lesson

Although the focus of most subrogation cases is usually on proving liability, determining the appropriate measure of damages is just as important. Sometimes turning on a nuanced argument for recoverability, an adverse holding...more

Illinois Federal Court Determines if Damages Are Too Remote

Foreseeability is a tort concept that tends to permeate several aspects of legal analysis, often causing confusion in litigants’ interpretation of, and courts’ application of, foreseeability to their cases. In Cincinnati Ins....more

In Louisiana, If the Band Plays On, the Plaintiff Cannot Recover Loss of Use Damages

In Jensen v. Matute, 2020 La. App. LEXIS 160, the Court of Appeal of Louisiana considered whether the plaintiff could recover compensatory, loss of use damages following a rear-end car collision. The court held that because...more

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