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Personal Injury

Economic Loss Rule Bars ‘Trimboard’ Suit (access required)

The 4th Circuit upholds dismissal of a putative class action complaint filed by plaintiff homeowners alleging defendant Louisiana-Pacific Corporation negligently designed and manufactured Trimboard, a composite building product used for exterior trim in homes plaintiffs purchased. The district court dismissed ...

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Exclusions Bar Homeowner Coverage for Chinese Drywall (access required)

A policyholder who sought homeowners’ insurance coverage for damages allegedly caused by drywall manufactured in China loses his suit in the Supreme Court of Virginia, as the court construes four exclusions, including “defective materials” and “pollutants” exclusions, to preclude coverage. ...

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Increased Damages OK, New Defendants Barred (access required)

A nonsuited personal injury suit refiled as a wrongful death suit with additional defendants and an increased ad damnum may seek additional damages, but the claims against the additional defendants are time-barred, the Norfolk Circuit Court says. Defendants raise two ...

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Third-Party Complaint Allowed in ‘Firepot’ Case (access required)

In a plaintiff’s products liability suit alleging injuries from use of a “firepot” and “FIREGEL” sold at national housewares chain store, the Roanoke U.S. District Court grants the chain’s motion to file a third-party complaint against companies that produced and ...

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Interview With Carrier Is Protected Work Product (access required)

A plaintiff’s assertion that defendant driver pleaded guilty to a traffic infraction but now contests liability in this auto-accident personal injury suit has not shown a substantial need to obtain a copy of the transcript or tape of defendant’s interview ...

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