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Transportation Products Liability

Read need-to-know updates, commentary, and analysis on Transportation issues written by leading professionals.

Aviations Happenings - Fall 2017

The Fall 2017 edition of Schnader’s Aviation Group newsletter examines some of the most recent and relevant cases and developments in aviation law, including: ·$2.8 Million Verdict Upheld Against Engine...more

Preview of Automated Vehicle Regulations in Germany

by Dechert LLP on

Germany’s Federal Ministry of Transport and Digital Infrastructure formally presented last week ethical guidelines that affirm that governments are focusing on similar themes in designing their regulatory approach to the...more

Passenger Car Tires Drive into the Internet of Things

by Wilson Elser on

As tire manufacturers enter the age of the Internet of Things, some are making smart tires equipped with sensors that allow the consumer to view information regarding the tire on applications downloaded to their smart phones....more

How to Handle a Hack

Cyber breaches do not discriminate across industries and can occur even with the best policies, procedures and preventive measures in place. As such, cyber litigation is not going away and cybersecurity is now increasingly a...more

A Developing Cybersecurity Standard: Anticipate, Mitigate and Remediate

The latest cyberattack across multiple countries shows that hackers do not discriminate by industry. It’s not just about targeting “data” such as credit card or insurance information. Rather, it is increasingly about stealing...more

Takata Declares Bankruptcy: What are the Key Next Steps for Suppliers?

by Foley & Lardner LLP on

On June 25, 2017, Takata’s US arm, TK Holdings Inc. and certain affiliates excluding certain foreign debtors such as Takata Corporation (Japan) (the “Takata US Debtors”), filed chapter 11 cases seeking bankruptcy protection...more

Connected and Automated Cars: The Federal Government Addresses Cybersecurity and Data Privacy

Connected and automated vehicles are being built with components that enable them to not only access information, but also collect, store and transmit data for performance and safety purposes as well. Furthermore, these...more

Eyes on the Road Ahead: Product Liability Outlook for Autonomous Vehicles

by Jones Day on

What product liability hazards lie in the road ahead for manufacturers of autonomous, automated, and connected vehicles and their suppliers? And how can auto manufacturers and suppliers plan for and mitigate that product...more

Food, Dietary Supplement & Cosmetics Update | Vol. IV, Issue 3

by Jones Day on

FDA Amends Waivers to Sanitary Transportation Rule - On April 6, 2017, the Food and Drug Administration ("FDA") notified industry regarding the amendment of waivers available under the Sanitary Transportation of Human...more

FDA sanitary transport rule impacts railroads, other shippers

by Thompson Coburn LLP on

The Food and Drug Administration’s new Sanitary Transport of Human and Animal Food Rule takes effect on April 6, 2017, imposing new rigorous food safety regulations on food shippers – including railroads – and creating a...more

Aviation Happenings - Spring 2017

The Spring 2017 edition of the Aviation Group’s newsletter examines some of the most recent and relevant cases and developments in aviation law, including: - Air Carrier Not Responsible for Rancid Cheese Under Montreal...more

Choice of Law: Hairu Chen v. L.A. Truck Centers, LLC Clears The Air On The Doctrine of Dépeçage

Hairu Chen v. L.A. Truck Centers, LLC (Cal. Ct. App. Jan. 18, 2017) 2017 WL 192724 involved an action by several foreigners for wrongful death, negligence, strict products liability, and loss of consortium. Plaintiffs were 10...more

Your Cyber Minute: Top threats for 2017

by Hogan Lovells on

Hogan Lovells Partner Harriet Pearson and Managing Principal of our Cyber Risk Services Jeff Lolley look ahead to 2017's major cyber vulnerabilities and where clients need to safeguard. ...more

Warranty Issues in 2017

by Foley & Lardner LLP on

While the jury is out on whether 2017 will be a peak year for new vehicle sales, elevated OEM warranty and recall costs are likely to continue. OEMs, likely will continue to pay the largest share of these expenses, but...more

Washington Supreme Court Rejects Implied Federal Field Preemption of Aviation Product Liability Claim

by Lane Powell PC on

In a unanimous decision, the Washington Supreme Court held that implied field preemption under federal law does not bar state-law product liability claims. The decision in Estate of Becker v. Avco Corporation (Jan. 26, 2017),...more

SEC – GM Settle Internal Controls Action

by Dorsey & Whitney LLP on

Effective internal controls are critical to any organization. The Commission has focused on these controls, brining enforcement actions in recent months tied to internal control issues. Its latest case in this area names...more

Automobile Dealerships and Part Suppliers: Unintended Consequences in Whistleblower Rules?

by Ruder Ware on

OSHA enforces laws that protect whistleblowers under 22 whistleblower statutes ranging from the Asbestos Hazard Emergency Response Act to the Wendell H. Ford Aviation Investment Reform Act for the 21st Century. This article...more

Was Negligence the Cause of the Fatal Hoboken Train Crash?

by The Rothenberg Law Firm LLP on

Tragedy recently struck the New Jersey Transit’s Hoboken Terminal when a speeding train crashed through several safety barriers before ultimately smashing into the passenger depot. One person was killed and over 100 were...more

AOPA Asks Supreme Court to Review Sikkelee Decision; Urges FAA Preemption

by Cozen O'Connor on

In a notable amicus curiae brief, the Aircraft Owners and Pilots Association (AOPA) has asked the U.S. Supreme Court to reverse a decision from the U.S. Court of Appeals for the Third Circuit (Third Circuit), which allowed...more

Hot Pocket: Samsung Galaxy Note 7 Recall Highlights Risk of Lithium Batteries During Air Transportation

by Benesch on

Air transportation of lithium ion batteries recently garnered significant attention due to events following reports of the Samsung Galaxy Note 7’s batteries overheating, catching fire, and even exploding. See Samsung Recalls...more

NHTSA Releases Guidance on Enforcement of Safety-Related Defects in Automated Vehicle Technologies - Agency’s stance raises...

by King & Spalding on

Last week, the National Highway Traffic Safety Administration (NHTSA) released its final Enforcement Guidance Bulletin on Safety-Related Defects and Automated Safety Technologies. The Guidance makes clear that the agency’s...more

NHTSA Issues Guidance for Manufacturers of Highly Automated Vehicles

by Ballard Spahr LLP on

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

NHTSA Proposes Adding Electronic Communication to Notify Consumers of Recalls

by King & Spalding on

Last week, NHTSA issued a Notice of Proposed Rulemaking (NPRM) that proposes to allow manufacturers to notify owners and purchasers of a safety recall through electronic means. Currently, under the National Traffic and Motor...more

Courts Continue to Reaffirm Preemptive Effect of Statute Protecting Aircraft Lessors

by Holland & Knight LLP on

A decision out of the U.S. District Court for the District of Hawaii joins a growing list of holdings reaffirming the proposition that an owner, lessor or secured party not in actual possession or control of an aircraft is...more

Is the Rapidly Evolving Landscape for Vehicle Technology About to Hit Regulatory and Legal Speedbumps?

by K&L Gates LLP on

In a nation with over 250 million vehicles, accidents occur daily, and many of those result in injuries and fatalities. Rarely do they receive national attention. Yet, an incident involving a vehicle in early May has...more

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