Automobile Recall

News & Analysis as of

Second Circuit Raises a Caution Flag for Sales Free-and-Clear of Claims

The power of a bankruptcy court to authorize the sale of assets “free-and-clear” of liens and any other interests is a powerful tool that is used to realize value from distressed businesses. Indeed, purchasers will...more

General Motors: Protection Granted in Section 363 Sale Orders is Only as Good as the Notice Given

In a recent decision by the U.S. Court of Appeals for the Second Circuit in the General Motors case, the court held certain claimants were not afforded procedural due process with respect to the § 363 sale of General Motor...more

Sad Stories From Recalled Jeep Grand Cherokee

A vehicle flagged for a potentially fatal flaw in April 2016 has been linked to hundreds of needless accidents and injuries and now a death. Actor Anton Yelchin, 27, was killed two months after the automaker issued a recall...more

Buyer Beware: Used Cars Subject to Different Protections Than New Cars

The new highway bill that recently was signed into law seems to have been influenced by the automotive industry because it does not require used-car dealerships to make repairs on vehicles with open recalls, leaving buyers...more

Rental Car Act of 2015 Championed by Grieving Mother

Twelve years have passed since two 20-something sisters died in a rented PT Cruiser that had an open recall for a defective power-steering hose. At the time, the Budgets, Enterprises and Hertzes of the United States were not...more

Takata Exploding Airbag Claims Another Young Life

A Texas teenager, Huma Hanif was killed when the Takata airbag in her Honda Civic exploded as a result of a crash. Since 2011, the Honda Civic has been recalled multiple times. According to the victim’s family, they have...more

New York Reaffirms General Acceptance Standard in Frye for Scientific and Technical Issues

In a recent opinion handed down by New York’s highest state court – the Court of Appeals –Sean R. v. BMW of N. Am., LLC, 2016 N.Y. Slip. Op. 01000 (Feb. 2016) reaffirmed New York’s continued adherence to Frye’s “general...more

Bellwether Trials: What Manufacturers Can Learn from the GM Ignition Claim MDL

As product liability multidistrict litigation becomes more prevalent, it is important for manufacturers to understand how the bellwether trial process works and how to use it to their advantage. The ongoing bellwether trials...more

Old is New: History Repeats Itself

You may recall that in late 2011, we published the article, “Five Persistent Trends Affecting Automobile Dealers.” While the specifics may have changed, many of the trends continue to persist and affect dealers. This is a...more

China Auto Regulatory Trends 2016: New-Energy, Materials Restrictions, Recalls and Emissions Figure Prominently

China has launched or announced a significant number of regulatory initiatives in the automotive sector over the first months of 2016. I have selected a number of regulatory initiatives representing such trends, below, from...more

Court Approves ESI Protocol Permitting Parties to Redact or Withhold Irrelevant Information from Responsive Documents and Document...

In a March 1, 2016 order and opinion, the United States District Court for the Southern District of Florida permitted Defendants to redact or withhold certain irrelevant information from responsive documents and document...more

Auto Manufacturers Continue Airbag Recalls

Every year millions of lives are saved all around the world by the successful deployment of airbags, but when those devices fail, serious injuries occur. In April 2014, Takata, one of the largest manufacturers of airbags in...more

More Auto Recalls Cite Dangerous Airbag Inflators: Ford Recalling Ranger Pickups Due to Injuries from Exploding Airbags

If you are a consumer who has been following auto recall news over the last year or two, you know that the Takata airbag recall has involved thousands of vehicles sold in the 2000s and has left drivers wondering whether their...more

When Mechanical Failure is to Fault

Automobiles have thousands of parts. Each of these parts operate in concert to propel the vehicle down the road. When these parts fail they can make a vehicle unsafe to drive. Brake failures, tire blowouts, malfunctioning...more

On the Road: Safer Rental Cars

A mind boggling number of cars are on the recall list for safety problems – including about 34 million American vehicles for defective Takata airbags alone. Additionally, last year was a record for the National Highway...more

2016 Outlook: NHTSA, Automotive Safety, and Cybersecurity

2016 will likely be an active year for the National Highway Traffic Safety Administration (NHTSA) and increased enforcement actions and new technology and privacy measures are expected. Below are four things to keep in mind...more

California Environmental Law & Policy Update - January 2016 #2

Environmental and Policy Focus - State lawmaker seeks to close old SoCal Gas wells in Aliso Canyon - Los Angeles Business - Jan 12 State Senator Fran Pavley is calling for Southern California Gas Co. to close older...more

Ignition Switch Flaw Linked to Hundreds of Personal Injuries, Deaths

A recall of more than 2.6 million vehicles by auto manufacturer General Motors has set off intense scrutiny of the auto giant’s safety practices. An investigation into the recall, which addressed faulty ignition switches in...more

Plaintiffs Use Catalyst Theory to Win Attorneys’ Fees After Ford Class Action Mooted By Recall

On November 2, 2015, a group of plaintiffs won a motion for attorneys’ fees against Ford Motor Company, even though Ford’s voluntary recall of vehicles mooted the plaintiffs’ lawsuit. In MacDonald v. Ford Motor Company, the...more

Big win for car manufacturers, dismissal of data breach suit

A California federal court dismissed a proposed class action against Toyota Motor Corp. (Toyota), Ford Motor Co. (Ford) and General Motors, LLC (GM) this week, after a class of drivers alleged that the car companies failed to...more

Injury After a Car Recall. What Happens Next?

Each year, millions of cars in the United States are subject to recalls. Since the Motor Vehicle Safety Act was enacted in 1966, more than 299 million vehicles have been recalled throughout the United States. Vehicles may be...more

Takata Recall expands to include 2016 Honda CR-V

The sweeping Takata airbag recall, the largest in automotive history, has involved over 19 million cars manufactured by twelve automakers. The recall has surrounded faulty airbags that, sometimes, have resulted in serious...more

Corporate Investigations & White Collar Defense - October 2015

"Wherefore Art Thou Due Process?" Part III - Why it matters: It is time for another installment in our continuing "Wherefore Art Thou Due Process?" coverage into the ongoing constitutional challenges to the SEC's...more

Compliance at the Tipping Point, Part V – Protection Afforded From a Compliance Program

Today, I wrap up my series on why I think compliance is at the Tipping Point. However as it is a Friday in October, I continue my tribute to the Man in the Shadows, producer Val Lewton, whose films for RKO had some of the...more

Fallout for the “Made in Germany” Brand

The “Made in Germany” brand has undoubtedly taken a hit in the past few weeks. The brand, along with the phrases “German engineering”, “German engineered”, etc. have made their way into just about every advertisement for...more

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