The Subrogation Strategist

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

In Wang v. Maserati N. Am., Inc., C.A. No. 23-2402, 2025 U.S. Dist. LEXIS 61446, the United States District Court for the District of New Jersey (District Court) considered the admissibility of the opinions of the plaintiffs’ liability expert and whether the plaintiffs’ product liability claims could survive summary judgment. The case arose from a fire in the garage on the plaintiffs’ property, where a Maserati vehicle was parked. The plaintiffs brought a product liability action against the vehicle manufacturer, alleging that a failure within the engine compartment ... Continue Reading

In New Jersey Mfrs. Ins. Co. v. Lallygone LLC, No. A-2607-22, 2024 N.J. Super. Unpub. LEXIS 120, the Appellate Division of the Superior Court of New Jersey (Appellate Division) considered whether New Jersey Manufacturers Insurance Company (the carrier) could bring a subrogation action after its insured, Efmorfopo Panagiotou (the insured), litigated and tried claims related to the same underlying incident with the same defendant, Lallygone LLC (the defendant). The Appellate Division affirmed the trial court’s finding that the prior lawsuit extinguished the carrier’s claims.

On June 29, 2022, in N.J. Mfrs. Ins. Grp. a/s/o Angela Sigismondi v. Amazon.com, Inc., 2022 U.S. Dist. LEXIS 115826 (Sigismondi), the United States District Court for the District of New Jersey held that Amazon.com, Inc. (Amazon) is a “seller” under New Jersey’s product liability statute and can thus face strict liability for damages caused by products sold on its platform. Although the analysis is state-specific, Sigismondi may serve as an important decision for allowing product defect claims to proceed against Amazon when so often the third-party vendor that lists the product is unlocatable, insolvent, or not subject to the jurisdiction of United States courts.Continue Reading