The Subrogation Strategist

In Encotech Eng'g Consultants, Inc. v. Miramon, No. 15-25-00173-CV, 2026 Tex. App. LEXIS 9117, the Court of Appeals of Texas, Fifteenth District (Court of Appeals) the plaintiff filed suit against several engineering firms, including Encotech Engineering Consultants, Inc. (Encotech). Encotech filed a motion to dismiss. The Court of Appeals considered whether a certificate of merit filed against Encotech was deficient because it made collective assertions of negligence against all defendants. The Court of Appeals reversed the trial court’s denial of Encotech’s motion ... Continue Reading

A recent decision from the United States District Court for the Eastern District of Pennsylvania reinforced a fundamental requirement in product liability cases that can sometimes be overlooked: proving the product was actually defective. In Motto v. Newell Brands, Inc., No. 24-1338, 2026 U.S. Dist. LEXIS 23804 (E.D. Pa. 2026), the plaintiff homeowners alleged that a defective candle in a glass jar caused a fire that damaged their home. They brought claims for strict product liability, negligence and breach of the implied warranty of merchantability against the manufacturer and ... 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