In Harrington v. Purdue Pharma L.P. et al., the U.S. Supreme Court held that nonconsensual releases of third-party claims against nondebtors are not authorized under the Bankruptcy Code, resolving a longstanding circuit...more
7/5/2024
/ Bankruptcy Code ,
Bankruptcy Court ,
Chapter 11 ,
Commercial Bankruptcy ,
Harrington v Purdue Pharma L P ,
Mass Tort Litigation ,
Non-Consensual Rights ,
Non-Debtors ,
Opioid ,
Purdue Pharma ,
SCOTUS ,
Third-Party
With AI use on the rise, judges across the country are updating their standing orders to address how the technology may (or may not) be used in their courtrooms. As rules regarding AI use make their way into more standing...more
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The National Highway Traffic Safety Administration (NHTSA) has amended its Standing General Order 2021-01 (SGO) concerning crash reporting for vehicles with automated driving systems (ADS) or SAE Level 2 advanced...more
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Gov. Tom Wolf has signed into law a bill that makes sweeping changes to Pennsylvania’s Vehicle Code. The law paves the way for commercial driverless operations of Autonomous Vehicles (AVs) while still maintaining...more
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New Jersey State Representative Paul Moriarty (D - Camden and Gloucester) has formally proposed a new bill to prohibit auto manufacturers and dealers from offering subscriptions for vehicle features if the...more
Resolving an issue of first impression before it, the United States Court of Appeals for the Ninth Circuit held that the Class Action Fairness Act of 2005 (CAFA) “may not be used to evade the specific numerosity requirement”...more
7/31/2020
/ Automotive Industry ,
Breach of Warranty ,
CAFA ,
Class Action ,
Class Representatives ,
Diversity Jurisdiction ,
Express Warranty ,
Fee-Shifting ,
Implied Warranties ,
Magnuson-Moss Act ,
Manufacturing Defects ,
Putative Class Actions ,
State Law Claims ,
Subject Matter Jurisdiction
A New York federal court issued an important reminder last week that class representatives—who often perceive their obligations as relaxed given the fictional nature of their role—have important product preservation...more
Extending the United States Supreme Court’s decision in China Agritech, Inc. v. Resh, 138 S.Ct. 1800 (2018), the California Court of Appeal has held that a plaintiff cannot “stack” multiple class actions to extend the...more
In a decision that should have a ripple effect in Pennsylvania state and federal courts, the U.S. District Court for the Eastern District of Pennsylvania held in a June 6, 2019, opinion that “the Pennsylvania statutory scheme...more
6/12/2019
/ Business Litigation ,
Constitutional Challenges ,
Doing Business ,
Due Process ,
Foreign Corporations ,
Fourteenth Amendment ,
General Jurisdiction ,
Motion to Dismiss ,
Out-of-State Companies ,
Personal Jurisdiction ,
Registration Requirement ,
State of Incorporation
The U.S. Department of Transportation (DOT) has released its third round of guidance for autonomous vehicles, Preparing for the Future of Transportation: Automated Vehicles 3.0 (AV 3.0)....more
10/9/2018
/ Automotive Industry ,
Connected Cars ,
Department of Transportation (DOT) ,
Driverless Cars ,
FMVSS ,
Infrastructure ,
Motor Vehicles ,
NHTSA ,
Regulatory Oversight ,
Required Communications ,
Safety Standards ,
Technology Sector
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
Following last month's dismissal in Preston v. American Honda Motor Company, No. 18-cv-00038 (C.D. Cal. May 24, 2018), a California federal judge on Monday dismissed yet another putative class action, Heber v. Toyota Motor...more
In proposed amendments earlier this week to the current draft of the "AV START Act," the Senate addressed important cybersecurity, data access, and privacy concerns associated with the development of highly automated vehicles...more
A global group of data privacy regulators has, for the first time, set forth data privacy and security guidance on the development of automated and connected-car technologies. ...more
The National Highway Traffic Safety Administration (NHTSA) announced this week the Trump administration's first significant guidance concerning autonomous vehicles and Automated Driving Systems (ADS)....more
In its latest effort to address security concerns about Internet of Things (IoT) devices, the Federal Trade Commission (FTC) has submitted public comments to the National Telecommunications and Information Administration's...more
Following on the heels of BNSF Railway Company v. Tyrrell last month, the Supreme Court, by an 8-1 margin in Bristol-Myers Squibb v. Superior Court of California, has reaffirmed the jurisdictional holding of its 2014 Daimler...more
This month, Colorado joined a growing list of nearly half of U.S. states when it enacted a law approving the use of autonomous driving systems. The Colorado law governs systems capable of controlling highly and fully...more
Vehicle-related cyber incidents could have devastating and deadly effects, particularly as cars and trucks become more highly automated and rely more heavily on wireless technologies. To combat this threat, the U.S....more
10/28/2016
/ Automotive Industry ,
Connected Cars ,
Cybersecurity ,
Department of Transportation (DOT) ,
Driverless Cars ,
Internet of Things ,
NHTSA ,
Privacy Concerns ,
Regulatory Oversight ,
Smart Car ,
Technology
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
The Colorado Supreme Court has joined a number of other federal and state courts in limiting the extent to which product manufacturers can be subjected to a state’s general personal jurisdiction, even when the manufacturer's...more
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
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
A formerly obscure, 35-year-old New Jersey statute is increasingly taking its place as the claim of choice for class action lawyers suing consumer-facing companies. Most recently, plaintiffs' lawyers are using the ambiguous...more
The Environmental Protection Agency’s (EPA) issuance of a notice of violation last week to Volkswagen AG, Audi AG, and Volkswagen Group of America, Inc. (collectively Volkswagen) appears to have further validated EPA’s and...more