The Subrogation Strategist

In Duffy v. Tatum, 2026 Pa. Super. LEXIS 112, 2026 PA Super 41, the Superior Court of Pennsylvania (Superior Court) considered whether an arbitration provision contained in the online Terms of Service on the defendant’s website were enforceable. The plaintiff, Daniel Duffy (Duffy), visited the website of defendant, Dolly, Inc. (Dolly), to purchase moving services. Duffy selected the number of movers, items to be moved and the type of vehicle needed. To complete the booking, the website required Duffy to checkmark a box labeled “By checking this box I accept the Dolly Terms of ... Continue Reading

The economic loss doctrine (ELD) has been a thorn in the side of subrogation practitioners for some time. Particularly in states that enforce it strictly, an adverse ruling based on the doctrine can sometimes be an unexpected pull of the rug from under what would otherwise be a strong subrogation case. Because of the harsh consequences that such a ruling can have, it is crucial to be aware of how the state you are handling a case in deals with the ELD and what the effects are on potential recoverability.

In Sierra Summit, LLC vs. Humphreys & Partners Architects, Nev., LLC, No ... Continue Reading

On April 7, 2026, the Governor of Kansas signed a new law, 2025 Kan. SB 36, that amends and repeals K.S.A. 60-465. K.S.A. 60-465 addresses the rules of evidence related to the admissibility of testimony from lay and expert witnesses. As amended, lay witness opinions must be helpful to clearly understanding the testimony of the witness or determining a fact in issue. The former statute required a lay witness to provide an opinion helpful to a “clearer” understanding of the testimony of the witness.

With respect to experts, a witness who qualifies as an expert based on knowledge ... Continue Reading