The Subrogation Strategist

In City of N. Tonawando v. Penn Power Group, LLC, 77 CA 24-01685, 2026 N.Y. App. Div. LEXIS 1800 (4^th Dept. Mar. 20, 2026), the Supreme Court of New York, Appellate Division, Fourth Department (Appellate Court), considered whether the defendant’s motion to dismiss should be granted on the grounds that the breach of warranty was time-barred by the statute of limitations and the plaintiff’s negligence claims were barred by the economic loss doctrine (ELD). The Appellate Court agreed with the defendant that the breach of warranty claim was barred by the statute of limitations and ... Continue Reading

In Qasim v. Spectrum Brands Holdings, Inc., C.A. No. 21-18744, 2026 U.S. Dist. LEXIS 5064, the United States District Court for the District of New Jersey considered whether the plaintiffs’ expert’s opinions were admissible under Federal Rule of Evidence 702 and the Daubert test. The case arose after one plaintiff, Ibrahim Qasim, sprayed an entire sixty‑four‑ounce container of EcoLogic Bed Bug Killer 2 throughout his apartment the morning of September 2, 2019. Hours later, when co‑plaintiff Nouh Qasim turned on the gas stove to make coffee, a rapid fire erupted ... Continue Reading