Spray polyurethane foam (SPF) insulation has become a popular “green” solution in homes across the United States, and around the world. It is comparatively cost effective, energy efficient, and those who choose it are eligible for federal energy tax credits. Because of claims by SPF home insulation manufacturers and installation companies, many homeowners have selected SPF over standard insulation in
Since the inception of product liability litigation, particularly asbestos and other mass tort litigation, defendants have been subjected to forum shopping. Forum shopping is the practice of filing lawsuits within plaintiff – favorable jurisdictions in the hope of securing increased jury verdicts. Often, these lawsuits are filed in jurisdictions where there is minimal or almost no meaningful connection between the
Every attorney’s nightmare is the case that explodes right at the last minute. You sign a new client, start collecting discovery materials, take depositions thinking that your case is taking shape, until the impossible happens – your case takes a right turn. Most of the time it’s your client who falls apart and short circuits your case. Maybe it’s opposing
Whenever I tell someone that I focus on asbestos litigation, I’m, more often than not, met with the question: “Asbestos still is out there?” Asbestos, from the Greek word asvestos literally meaning inextinguishable, continues to affect and ruin lives … the lives of family members whose wives, husbands, mothers, fathers, sisters, and brothers have died from mesothelioma, the lives of
The short answer is – it depends. Utah case law has established what is commonly referred to as the passive retailer doctrine. This doctrine creates an exception to Utah’s Product Liability Act, which states that a manufacturer or seller of a product may be held liable for injury caused by the product if found to be defective and unreasonably dangerous.
In 1979, the Utah Supreme Court in Ernest W. Hahn, Inc. v. Armco Steel Co., 601 P.2d 152 (1979) adopted the doctrine of strict liability as set out in the Restatement of Torts 2d, Section 402A. This section imposes liability in tort without proof of negligence upon “one who sells any product in a defective condition unreasonably dangerous to the
Spray polyurethane foam (SPF) insulation has become a popular “green” solution in homes across the United States, and around the world. It is comparatively cost effective, energy efficient, and those who choose it are eligible for federal energy tax credits. Because of claims by SPF home insulation manufacturers and installation companies, many homeowners have selected SPF over standard insulation in
Since the inception of product liability litigation, particularly asbestos and other mass tort litigation, defendants have been subjected to forum shopping. Forum shopping is the practice of filing lawsuits within plaintiff – favorable jurisdictions in the hope of securing increased jury verdicts. Often, these lawsuits are filed in jurisdictions where there is minimal or almost no meaningful connection between the
Every attorney’s nightmare is the case that explodes right at the last minute. You sign a new client, start collecting discovery materials, take depositions thinking that your case is taking shape, until the impossible happens – your case takes a right turn. Most of the time it’s your client who falls apart and short circuits your case. Maybe it’s opposing
Whenever I tell someone that I focus on asbestos litigation, I’m, more often than not, met with the question: “Asbestos still is out there?” Asbestos, from the Greek word asvestos literally meaning inextinguishable, continues to affect and ruin lives … the lives of family members whose wives, husbands, mothers, fathers, sisters, and brothers have died from mesothelioma, the lives of
The short answer is – it depends. Utah case law has established what is commonly referred to as the passive retailer doctrine. This doctrine creates an exception to Utah’s Product Liability Act, which states that a manufacturer or seller of a product may be held liable for injury caused by the product if found to be defective and unreasonably dangerous.
In 1979, the Utah Supreme Court in Ernest W. Hahn, Inc. v. Armco Steel Co., 601 P.2d 152 (1979) adopted the doctrine of strict liability as set out in the Restatement of Torts 2d, Section 402A. This section imposes liability in tort without proof of negligence upon “one who sells any product in a defective condition unreasonably dangerous to the
