Michele Ventura

Michele Ventura

Ballard Spahr LLP

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NHTSA Issues Guidance for Manufacturers of Highly Automated Vehicles

The Department of Transportation (DOT) and the National Highway Traffic Safety Administration (NHTSA) has provided much-anticipated guidance to manufactures of automated vehicles with the release of the new Federal Automated...more

9/21/2016 - Auto Manufacturers Automotive Industry Connected Cars Department of Transportation (DOT) Driverless Cars Motor Vehicles NHTSA Public Comment Safety Standards

Appellate Court Holds HUD Regulations Don’t Provide Private Right of Action Unless Incorporated into Written Agreement

A federal appeals court recently decided that a plaintiff could not assert a claim against the issuer of a reverse mortgage for breach of regulations issued by the U.S. Department of Housing and Urban Development (HUD), when...more

8/9/2016 - Banking Sector Breach of Contract Financial Institutions Fraudulent Concealment Fraudulent Inducement HECM HUD Liens Mortgage Lenders Mortgages Real Estate Market Reverse Mortgages Summary Judgment Written Agreements

First Fatality Signals Bumpy Road to Autonomous Vehicle Development

Tesla Motors acknowledged in a press release last week the first known fatal crash involving a vehicle operating in semi-autonomous mode. The report comes at a pivotal time for the automotive industry, with states beginning...more

7/6/2016 - Auto Manufacturers Automotive Industry Car Accident Driverless Cars NHTSA Product Defects Technology Sector Tesla

Cybersecurity, Use of Internet of Things Technology Concern Manufacturers

Powered in part by the growing use of Internet of Things (IoT) technologies, cybersecurity has surged to become one of the leading concerns for global manufacturers, according to a recently released study....more

6/28/2016 - Cyber Attacks Cybersecurity Data Breach Hackers Internet of Things Malware Manufacturers Popular Supply Chain

Supreme Court Denies Certiorari in Closely Watched Consumer Class Action Case

In its first conference since the death of Justice Antonin Scalia, the U.S. Supreme Court declined to hear an important Seventh Circuit case that emphatically rejected a ''heightened'' standard for ascertaining class members...more

3/4/2016 - Ascertainable Class Certiorari Class Action Consumer Financial Products Corporate Counsel Justice Scalia Putative Class Actions SCOTUS

First Circuit Holds Failure to File a Claim in Probate Proceedings Would Not Bar Foreclosure

The failure of a mortgagee to file a claim in the probate of an estate does not bar the mortgagee from later pursuing a foreclosure, the U. S. Court of Appeals for the First Circuit recently held. The plaintiff inherited a...more

1/22/2016 - Acceleration Failure-to-File Foreclosure Mortgages

Sixth Circuit Holds that a Business Entity Is a "Person" for Purposes of FDCPA's Enforcement Provision

The Sixth Circuit Court of Appeals recently held that a limited liability company (“LLC”) constitutes a “person” within the meaning of the Fair Debt Collection Practices Act (FDCPA or the “Act”), in Anarion Investments LLC v....more

8/27/2015 - Appeals Banking Sector Banks Consumer Lenders Debt Collection Debt Collectors FDCPA Limited Liability Companies Mortgage Lenders Mortgage Servicers Mortgages Wrongful Foreclosures

Seventh Circuit Clarifies “Date of Receipt” of Online Mortgage Payment

In a recent putative class action by borrowers against a mortgage servicer alleging violations of the Truth in Lending Act (“TILA”), the Seventh Circuit Court of Appeals found that mortgage servicers must credit electronic...more

5/4/2015 - Borrowers Electronic Payment Transactions Mortgage Lenders Mortgage Servicers Mortgages Putative Class Actions Regulation Z Truth in Lending Act (TILA)

Federal Appeals Court Revives Suit Over "All Natural" Cosmetic Labeling

“A product labeled ‘all natural’... likely evokes images of ground herbs and earth extracts rather than chemicals such as ‘Polysorbate 20’ or ‘Hydroxycitronellal.’” With that opening sentence, the Ninth Circuit Court of...more

4/16/2015 - All Natural Appeals Class Action Cosmetics Jurisdiction Labeling

NJ Federal Court Confirms: No Consumer Fraud Claims For Product ‘Harm’

The U.S. District Court for the District of New Jersey has once again confirmed a recent trend in consumer fraud class actions based on product liability claims: if the essence of the claim is harm caused by an allegedly...more

2/12/2015 - Class Action Fraud Product Defects

Pennsylvania Supreme Court Declines To Adopt Restatement (Third) of Torts

In a long-awaited opinion, the Pennsylvania Supreme Court has recently declined to adopt the Restatement (Third) of Torts in product liability cases, ruling instead that the strict liability regime of the Restatement (Second)...more

11/24/2014 - Negligence Strict Liability

Federal Court Rejects Controversial Attempt To Expand Class Action Liability

In a putative class action in federal court, the U.S. District Court for the District of New Jersey quickly put to rest a controversial theory advanced by the plaintiffs to allow them to sue defendants who admittedly caused...more

4/21/2014 - Article III Class Action DirectTV Standing

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