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FAA Weighs in on Preemption in Product Liability Litigation

Courts across the county have long struggled with the scope of federal preemption in aviation safety and with how an aircraft type certificate issued by the Federal Aviation Administration (FAA) affects aircraft product...more

Limiting tort liability for cannabis: Dram shop-type laws

As more states enact laws legalizing the sale of medical and recreational marijuana, cannabis businesses may start to question whether they could be held liable if customers cause injury or harm to others while using their...more

NHTSA Announces Record Setting Civil Penalty in Consent Order With Chrysler

In 2014, NHTSA collected a record setting amount of civil penalties. For 2015, NHTSA may be on pace to exceed last year’s record. On July 26, 2015, NHTSA announced a $105 million civil penalty against FCA US LLC, the former...more

Jeep Hack Drives Cyber, Crisis, Liability and Supply Chain Coverage Issues

A recall notice to fix critical control software on 1.4 million vehicles should raise concerns for companies, brokers and insurers across several business lines. The vulnerability of vital control systems to a remote hacking...more

The Internet of Things and the Inevitable Collision with Products Liability PART 2: One Step Closer

The Internet of Things and the Inevitable Collision with Products Liability, published in February 2015, identified a number of factors leading to the emergence and phenomenal growth of the Internet of Things (IoT). It also...more

Driverless Cars Have Come to Virginia: Considerations for Automated Vehicles

How does the law apportion responsibility when someone is injured by an automated machine? In the past, this question has come before courts only rarely, and in the context of accidents involving elevators or airplane...more

A Study of Recall Completion Rates

This post was written by special guest authors Neil Steinkamp, Managing Director, and Jake Reed, Manager, from Stout Risious Ross. There has been much attention recently regarding the efforts made to complete recalls in...more

DOT Issues Scathing Internal Report of NHTSA’s Defect Investigation Processes

In the wake of GM’s ignition-switch, the Secretary of Transportation, Anthony R. Foxx, directed an investigation into NHTSA’s defect investigation policies and procedures. Specifically, Secretary Foxx requested that the U.S....more

NHTSA Seeks to Push Beyond the “New Normal” and into the “New Paradigm”

In recent years, the National Highway Traffic Safety Administration (NHTSA) has received increased public and Congressional scrutiny stemming from high-profile safety defects, such as the Toyota unintended-acceleration issues...more

The Takata Consent Order – Here's What You Need to Know

As is well known by now, TK Holdings Inc. – Takata – has entered a Consent Order with the National Highway Traffic Safety Administration (“NHTSA”). The details and latest information on the Takata recall can be found online...more

But We Did Everything Right?: Why Agreements with Shippers are Necessary for Carriers to Protect Themselves from...

As food transporters grapple with the myriad of compliance issues raised by the Food Safety Modernization Act and the FDA’s looming proposed “Food Safety Rule on the Sanitary Transportation of Human and Animal Food,” carriers...more

Can the Feds Slow Down Truckers with Mandatory Speed-Limiting Devices?

The National Highway Traffic Safety Administration (NHTSA) is pushing for new regulations requiring tractor-trailer trucks to be equipped with speed-limiting devices. This regulation, if passed, will impact not only the...more

As Drones “Take Off” Legal Consequences Remain Uncertain

Drones, also known as unmanned aircraft systems (UAS) or unmanned aerial vehicles (UAV), have received extensive media coverage over the past few years. Whether the discussions about drones are related to the unmanned...more

Drone Use “Takes Off” as Legal Consequences Remain Uncertain

Drones, also known as unmanned aircraft systems (UAS) or unmanned aerial vehicles (UAV), have received extensive media coverage over the past few years. Whether the discussions about drones are related to the unmanned...more

What's Next for NHTSA and Automotive Safety?

This past year, we witnessed the GM Ignition Switch investigation, which involved massive recalls, multiple Congressional hearings, and civil penalties; the ongoing Takata airbag inflator investigation and recalls (and more...more

Top Legal Issues Facing Automotive Suppliers in 2015

Foley’s Automotive Industry Team has prepared this overview of the major trends we see affecting automotive suppliers this year. While not all legal risk can be anticipated, companies that are aware of litigation,...more

Setting the Table - The FDA’s Proposed Food Safety Rule: What Warehouse Leaders Need to Know

Although the FDA has characterized the risk of food contamination during transportation as “low,” a proposed FDA regulation, entitled “Sanitary Transportation of Human and Animal Food” will impose new restrictions which all...more

Automobile Technology- Set to Change the Face of Liability Litigation

Google recently announced its first truly driverless vehicle. Google’s vehicle allows an individual to “drive” a car while never touching the steering wheel. It is completely autonomous. It is sure to be the first of many...more

Expect tort potholes for self-driving cars

While self-driving cars have the potential to significantly reduce auto accidents and injuries, autonomous and semi-autonomous vehicles do not fit neatly into the current motor vehicle and insurance regulatory regimes....more

To Hell With “Oh, Hell, Why Not” – The Fifth Circuit en banc Reverses Estis v. McBride Well Service, L.L.C.

In a much anticipated ruling, the Fifth Circuit en banc has reversed the original panel ruling in Estis v. McBride Well Service, L.L.C., 731 F.3d 505 (5th Cir. 2013), which sent shockwaves through the maritime bar and...more

Pennsylvania Superior Court Reverses Forum Non Conveniens Dismissal of International Air Crash Case, But Don’t Equate Pennsylvania...

United States courts facing forum non conveniens (FNC) motions, at least with respect to lawsuits arising out of air crashes that occur outside of the United States, seem to fall into two distinct camps: Cook County,...more

Aviation Defendants Contend with Challenges to Federal Jurisdiction

- An aircraft manufacturer's ability to remove a case to federal court based on admiralty jurisdiction involved consideration of whether "injury became inevitable" while the aircraft was still over water. ...more

HBSS Secures $1.4 Billion Settlement in Toyota SUA Case

Back in 2010, a media firestorm erupted when Toyota owners across the United States reported that their vehicles were accelerating suddenly out of their control. Toyota issued several recalls impacting millions of vehicles,...more

Automotive Quarterly - 3rd Quarter 2012

In This Issue: - VOLVO AGREES TO $1.5 MILLION LATE DEFECT REPORTING PENALTY. LARGER PENALTIES ON THE HORIZON. by Richard A. Wilhelm: NHTSA’s safety defect reporting regulations require manufacturers of motor...more

Automotive Recall = Prudentially Moot?

In Winzler v. Toyota Motor Sales U.S.A., Inc., ---F.3d---, No. 10-4151, 2012 WL 2236624 (10th Cir. June 18, 2012), a car owner brought a putative class action against Toyota, alleging an engine defect. At the same time,...more

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