Ad Law Tool Kit Show – Episode 1 – Product Safety and Recalls
Bar Exam Toolbox Podcast Episode 131: Listen and Learn -- Strict Products Liability
Subro Sense Podcast - Unpacking Product Claims Against Amazon
Straight Talks: Innovations in product liability for autonomous and connected vehicles
1. Ruling of European Court of Justice on jurisdiction in product liability case- Another interesting judgment of the ECJ on jurisdiction in cross-border disputes was handed down on 22 February 2024 in a product liability...more
After conducting an audit of the National Highway Traffic Safety Administration’s (NHTSA) Office of Defects Investigation (ODI), the U.S. Department of Transportation’s Inspector General recently issued a report concluding...more
Mercedes-Benz should be issuing a recall of over 800,000 vehicles for a defect in the cooling pump which has led to numerous fires in their cars. They are not issuing a formal recall because they say they cannot fix the...more
In recent years, conjoint analysis has proliferated as a methodology for calculating class-wide damages in consumer class actions. While conjoint analysis first emerged as a marketing tool for measuring consumers’ relative...more
On May 17, 2021, the Alberta Court of Appeal released its decision in Spring v Goodyear Canada Inc., 2021 ABCA 182. This case is the latest Alberta consideration of the test for certification of a class action. At issue was...more
Who would be responsible if KITT, the supercar of the famous TV series, were to cause an accident: the company that produced the car, the driver or maybe KITT itself?...more
Chi dovrebbe pagare i danni se KITT, la mitica Supercar della serie TV, provocasse un incidente? L’azienda che produce la macchina, il guidatore o magari la stessa KITT?...more
“We’ve never had as many problems as with Tesla” (Tofik Ohoudi) Faulty vehicles, incorrect odometer readings and poor service: for one of Tesla’s biggest Dutch customers, enough is enough. Bios-Groep, which uses around...more
"Noch nie so viele Probleme gesehen wie bei Tesla" (Tofik Ohoudi): niederländisches Taxiunternehmen fordert 1,3 Mio. Euro Schadensersatz. Defekte Autos, falsche Kilometerleistung und schlechter Service. Einer der größten...more
John’s Bad Day - On a Sunday afternoon, John was driving his new 2017 base model Meerkat car when he became distracted looking for a french fry he dropped on the floor. His car crossed into the adjacent lane and, after...more
Welcome to the third 2019 issue of Product Lines – our quarterly e-newsletter that focuses on toxic torts and products liability issues.... In This Edition: - Vitamin E Found in Cannabis-Containing Vape Products Linked...more
Amgen will pay $13.4 billion in cash to buy psoriasis treatment Otezla, a deal that will “pave the way for Bristol-Myers Squibb to complete its acquisition of Celgene” by addressing “regulatory concerns over their union”....more
Takeaway: In a prior post – Leveraging Comcast – beating predominance where challenged product has some value (April 16, 2019) – we reported on a decision by Judge Lucy Koh of the Northern District of California...more
In our recent article, “10 Questions Personal Transportation Manufacturers Should Answer Before Selling a New or Redesigned Product,” we identified areas that should be addressed before a new product goes to market. One of...more
Federal prosecutors filed criminal charges yesterday against two former Goldman Sachs investment bankers for their alleged role in the Malaysian 1MDB scandal....more
The Situation: The United Kingdom is positioning itself as the "go to" location to develop, test, and drive automated vehicles, but questions remain as to how its existing product liability regime should respond to this...more
In a sweeping, and arguably results-oriented opinion, the district court overseeing the General Motors ignition switch multidistrict litigation recently ruled that in roughly half of the nation's jurisdictions, a plaintiff...more
The Situation: The liability regimes for product liability related to driverless cars in various European countries remain far from harmonized, and lawmakers trail behind the faster moving reality. The Plan: The European...more
Forum Non Conveniens Not Available Where Moving Defendant Failed to Establish It Was Amenable to Process in an Alternative Forum - Arcelik A.S. v. E.I. Du Pont De Nemours and Company, United States District Court for the...more
The autonomous vehicle revolution has introduced an exciting array of innovations into the automobile industry. Groundbreaking technology has created ingenious ways to address mobility and traffic issues. But it has also...more
The Situation: New technologies incorporating AI create questions about how product liability principles will apply and adapt. The Issue: Legislatures and courts have not addressed how product liability laws apply to new...more
A district court recently disqualified a plaintiff from acting as a class representative because his spoliation of evidence rendered him an atypical class member. The plaintiffs allege that casting sand used in creating Jeep...more
One of the more bedeviling problems for the automotive industry (and for manufacturers in general) is how to alert consumers to pending recalls, and getting consumers to comply with those recalls. According to NHTSA, only 70%...more
Massive automotive recalls continue to grab headlines and raise concerns industry-wide. Recalls of light vehicles topped 50 million units in 2016, representing the third consecutive year of elevated – and record setting –...more
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