News & Analysis as of

Motor Vehicles Product Defects

ArentFox Schiff

Ninth Circuit Seeks New York Court of Appeals’ Guidance on Auto Manufacturer Liability for Vehicle Theft

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A recent order from the Ninth Circuit Court of Appeals has brought a somewhat novel legal question to the forefront: Do automobile manufacturers owe municipalities a duty of reasonable care in designing, manufacturing, and...more

Marshall Dennehey

Court Affirms Dismissal of Product Liability Claim Over Absence of Driver-Assistance Features

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Berkoski v. Honda Motor Company, Ltd., 328 A.3d 986 (N. J. Super., App. Div. 2025) - This product liability action centered on a fatal auto accident; a head-on collision that the plaintiff claimed could have been prevented if...more

Mayer Brown

NHTSA Finalizes Vehicle Safety Act and Whistleblower Program Provisions

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On December 12, 2024, the National Highway Traffic Safety Administration (NHTSA) finalized a new rule formalizing its whistleblower program and implementing the whistleblower provisions of the Vehicle Safety Act. In...more

Fishman Haygood LLP

U.S. Sixth Circuit Panel’s Rejection of GM’s Article III Standing and Predominance Challenges to Class Certification is Now Set...

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An August 2024 decision by a panel of the U.S. Sixth Circuit in Speerly v. General Motors, which underscores key developments in the law governing class certification, Article III standing, and the treatment of manifest...more

DLA Piper

Industrials Regulatory News and Trends - December 2024

DLA Piper on

In late November, the United States Court of Appeals for the Sixth Circuit decertified 10 class actions that had accused Nissan of selling cars and SUVs with defective automatic emergency braking systems. The court found it...more

Bennett Jones LLP

Plaintiffs Fail to Show "Some Basis in Fact" For Certification in Two Proposed Vehicle Defect Class

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Class proceedings are frequently proposed after automakers issue recall notices. Two recent decisions from the Court of Appeal for Saskatchewan, Kane v FCA US LLC, 2024 SKCA 86 (Kane) and Evans v General Motors of Canada...more

McDermott Will & Emery

Mobility@McDermott: Monthly Update (02/2024)

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

Shook, Hardy & Bacon L.L.P.

Jung: Report IDs Areas for Improvement in Investigation of Auto Safety Defects

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

Faegre Drinker Biddle & Reath LLP

The California Supreme Court Shrugs Off a Settlement to Provide Important Guidance on Admissibility of Former Deposition Testimony...

We reported back in December [California Supreme Court Set to Decide How Defense Counsel Approach Defending Company Witness Depositions] on a case then pending before the California Supreme Court, Berroteran v. Superior...more

Searcy Denney Scarola Barnhart & Shipley

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

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

Bennett Jones LLP

The Alberta Court of Appeal Provides Guidance on the Test for Certification in Overturning Goodyear

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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

Ballard Spahr LLP

American ‘Pipe Dream’ – CA Court of Appeal Scrutinizes Limitations Period Tolling Arguments

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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

Robins Kaplan LLP

Financial Daily Dose 8.26.2019 | Top Story: Amgen to Pay More Than $13 Billion for Otezla

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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

Ruder Ware

Automobile Dealerships and Part Suppliers: Unintended Consequences in Whistleblower Rules?

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OSHA enforces laws that protect whistleblowers under 22 whistleblower statutes ranging from the Asbestos Hazard Emergency Response Act to the Wendell H. Ford Aviation Investment Reform Act for the 21st Century. This article...more

King & Spalding

NHTSA Releases Guidance on Enforcement of Safety-Related Defects in Automated Vehicle Technologies - Agency’s stance raises...

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Last week, the National Highway Traffic Safety Administration (NHTSA) released its final Enforcement Guidance Bulletin on Safety-Related Defects and Automated Safety Technologies. The Guidance makes clear that the agency’s...more

Foley & Lardner LLP

NHTSA Seeks to Push Beyond the “New Normal” and into the “New Paradigm”

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In recent years, the National Highway Traffic Safety Administration (NHTSA) has received increased public and Congressional scrutiny stemming from high-profile safety defects, such as the Toyota unintended-acceleration issues...more

Snell & Wilmer

Snell & Wilmer Defends Ford Explorer Sport Trac Roof and Safety Canopy® System in California Federal Court Trial

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Snell & Wilmer attorneys Dan Rodman, Jay Schuttert and Jonathan Murphy recently represented Ford Motor Company in the trial of a 2002 Ford Explorer Sport Trac rollover lawsuit in the United States District Court for the...more

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