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Federal Pre-emption and Aircraft Certification: You Have to Read This Opinion!!

by LeClairRyan on

Originally posted August 11, 2017 - Today, we turn our attention to the latest chapter in a long saga concerning the scope of federal preemption over product liability claims made against manufacturers of certificated...more

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

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

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

Legal Issues Raised by the Driverless Vehicle Revolution – PART 2

Part 1 of this article, published in the December 2015 Business Litigation Report, described emerging driverless vehicle technology and related patent and patent ligation issues. Part 2 continues this discussion with the...more

Opening the Courts to Seat Belt Non-Use Evidence

by Snell & Wilmer on

The Texas Supreme Court’s ruling in Nabors Well Services, Ltd. v. Romero, 456 S.W.3d 553 (Tex. 2015) has re-opened the national debate about whether courts should admit evidence of seat belt non-usage in lawsuits arising from...more

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

by Thompson Coburn LLP on

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

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

by Wilson Elser on

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

Driverless Cars Have Come to Virginia: Considerations for Automated Vehicles

by Sands Anderson PC on

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

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

by Baker Donelson on

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

by Holland & Knight LLP on

- 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

Train and Railroad Workers at Risk from Asbestos Exposure

by Hissey Kientz LLP on

Railroad employees who worked onboard trains or in a railyard may be at an increased risk of developing mesothelioma or other diseases caused by asbestos exposure. Research has found that railroad workers are significantly...more

Deal in the works to keep Avondale Shipyard open past 2013

by Hissey Kientz LLP on

Several media sources in the New Orleans area have reported that a deal is in the works to keep the nearby Avondale Shipyards open past its proposed 2013 closure date. According to a story published by Fox News 8, the deal...more

Fasten Your Seatbelt: U.S. Supreme Court Rules Federal Seatbelt Regulation Does Not Preempt State Law Tort Suit

by Morrison & Foerster LLP on

Yesterday the U.S. Supreme Court held in Williamson v. Mazda Motor of America, Inc., 562 U.S. __ (2011), that federal regulations do not preempt a claim for design defect based on the failure to provide lap-and-shoulder belts...more

Motor Vehicle Safety Act May Be Closer to Implementation

by Howard Ankin on

Chicago Motor Vehicle Accident Attorney Illinois Personal Injury Attorney The Motor Vehicle Safety Act of 2010 was introduced in May 2010 following a series of Toyota recalls caused by an unintended acceleration...more

EMS Helicopter Crash Litigation

by The Danko Law Firm on

With names like "Angel Flight," "Mercy Flight," and "Life Flight," the EMS helicopter companies market themselves as indispensible life-savers. This article talks about why the industry's accident rate is unacceptably high,...more

After an accident: How a lawyer can help you

If you get into an accident, one of the first things you have to decide is whether to use a Car Accident Attorney, or whether to make a claim against the wrong-doer and his/her insurance company yourself. For a number of...more

Taking On Toyota

by The Ammons Law Firm on

Toyota’s troubles with sudden acceleration have given rise to litigation seeking to hold the carmaker accountable. Pursuing these cases in the courtroom will require a smart strategy and the willingness to face a tough,...more

Crash Survivor: "Air Bag Didn't Help Me"

by The Ammons Law Firm on

When Brianne Haltom woke from a medically induced coma, she saw her husband's face and had a thousand questions buzzing in her head. "I was like, 'Did we have a party?' He was like, 'No, you were in a wreck,' and it all came...more

Tire Defect Attorney Files Lawsuit Against General Motors After Woman Killed in Car Rollover

by The Ammons Law Firm on

Rob Ammons of the Ammons Law Firm has filed a lawsuit on behalf of Guadalupe Montana a representative of the late Maria Guadalupe Cabello de Montana, killed after a tire defect caused her car to rollover. ...more

Tire Defect Attorney Files Lawsuit Against Ford Motor Company After Woman Killed in Car Roll Over

by The Ammons Law Firm on

Rob Ammons of the Ammons Law Firm has filed a lawsuit on behalf of Rogelio Lomeli a representative of the late Yesmit Rodriguez and two minor children. Rodriguez was killed after a tire defect caused her car to rollover. ...more

Dangers of Unbelted Students In School Buses

by The Ammons Law Firm on

Beginning September 1, all new school buses are required to be equipped with seatbelts. But it could be years before students in the area are forced to buckle up....more

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