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Motor Vehicles › Design Defects

Marshall Dennehey

NJ Court Rules Lack of Optional Driver-Assistance Tech Does Not Constitute Design Defect Under Products Liability Law

Marshall Dennehey on

Berkoski v. Honda Motor Company, et al., (App. Div. 2025) - The New Jersey Appellate Division was presented with a question about what constitutes a defective product or design under the New Jersey Products Liability Act when...more

Faegre Drinker Biddle & Reath LLP

Experts Who Cannot Articulate a Standard Cannot Opine that a Defendant Failed to Meet the Standard

Faegre Drinker Biddle & Reath LLP on

If you don’t know where a line is, you can’t say whether someone has crossed it. That principle applies in spades to expert witnesses, particularly when their role in the case calls on them to help the jury understand where...more

Console and Associates, P.C.

Unsettling Reports of Serious Injury Involving ARC Airbags Raise Safety Concerns

Console and Associates, P.C. on

Airbags play a crucial role in automotive safety. In recognition of their significance, in 1999, the federal government mandated that all new vehicles—cars, trucks, and SUVs—must come equipped with front airbags for both...more

Console and Associates, P.C.

2022 Rollaway Delivery Van Update: Following a Federal Investigation, Nearly 50,000 Mercedes-Benz Sprinter Vans Have Been Recalled

Console and Associates, P.C. on

That delivery van making its slow creep through your neighborhood could pose a car accident risk—even when there’s no one behind the wheel....more

Searcy Denney Scarola Barnhart & Shipley

800,000 Mercedes-Benz Vehicles at Risk for Serious Fires – Mercedes says they can’t fix them

Searcy Denney Scarola Barnhart & Shipley on

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

Ballard Spahr LLP

Fiat-Chrysler Ruling May Pave the Way for Overpayment Class Actions Based on Security Flaws

Ballard Spahr LLP on

We’ve previously blogged about the creative efforts of plaintiffs’ counsel to expand the contours of data breach litigation. ...more

Ballard Spahr LLP

Class Counsel Say "Rats!" to California Court's Rejection of Design-Based Warranty Claims

Ballard Spahr LLP on

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

Ballard Spahr LLP

Fiat Chrysler Car Hacking Case Put In Neutral

Ballard Spahr LLP on

Plaintiff lawyers’ continued search for damage theories to assert in claims arising from a data breach – or fear of a breach – received a potential setback this week when Chief Judge Michael Reagan of the United States...more

Searcy Denney Scarola Barnhart & Shipley

Ripple Effect of Poor Auto Manufacturing Threatens Consumer Safety

Searcy Denney Scarola Barnhart & Shipley on

Porsche rolled out its line of Cayenne sport-utility vehicles with carefree cruising in mind. Volkswagen did the same think with its Touareg models. Now, about 125,000 of the upscale SUVs have been recalled because of fuel...more

Mayer Brown

Kentucky Supreme Court Sets Forth Helpful Principles On Liability For Punitive Damages

Mayer Brown on

Cases in which an appellate court holds that a state’s standard for punitive liability was not satisfied even though there was sufficient evidence to support liability for the underlying causes of action are regrettably rare....more

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