The Subrogation Strategist

In Homesite Ins. Co. a/s/o Adam Long v. Shenzhen Lepower Int’l Elecs. Co., Ltd., No. 6:23-CV-981, 2024 U.S. Dist. LEXIS 22002, the United States District Court for the Northern District of New York (the Court) considered whether Homesite Insurance Company (the Carrier) sufficiently pled a strict products liability claim against Shenzhen Lepower International Electronics Company Ltd. (Shenzhen). Finding that the Carrier’s complaint did not plausibly allege a strict products liability claim under any of the three available theories of liability, the Court granted Shenzhen’s motion to dismiss the Carrier’s complaint under Federal Rule of Civil Procedure 12(b)(6).

In Maynard v. Snapchat Inc., No. S21G0555, 2022 Ga. LEXIS 68, the Supreme Court of Georgia reversed and remanded an appellate court decision that dismissed the popular mobile app Snapchat from suit. Plaintiffs Wentworth and Karen Miller (collectively, Plaintiffs) were struck by a driver who was allegedly using the popular social media app at the time of the accident. More specifically, the Plaintiffs alleged the driver was using the Snapchat “Speed Filter” feature, which displays and records your speed on camera. Users can then send video messages to friends that display the speed you were traveling at the time the video was taken. The Plaintiffs alleged that the app was negligently designed and Snapchat was at fault for promoting unsafe driving through use of the Speed Filter.Continue Reading