The Fox Rothschild aviation team would like to thank the hundreds of aviation professionals who joined us for our 21st annual aviation symposium. As always, the all-star panels had an unrestrained discussion of the key...more
Fire investigators recognize the critical importance of adhering to established protocols and procedures to prevent contamination of samples collected for the purpose of ignitable liquid testing. This testing is frequently...more
Emergency personnel and first responders have the opportunity to document crash scenes while evidence is still recent. The growth of the drone market and the efficiency of documentation with drones has led to an increasing...more
In discussing the role of the U.S. Supreme Court, Justice Robert Jackson famously remarked in his concurring opinion in a 1953 case that “[w]e are not final because we are infallible, but we are infallible only because we are...more
“But I only had two beers.” “But it’s legal in this state.” “But my doctor prescribed it.” No. No. And maybe not. Those excuses don’t cut it when it comes to a truck driver failing a federally prescribed test for drugs or...more
The Federal Highways Administration (FHWA) defines a “Clear Zone” as an unobstructed, traversable roadside area that allows a driver to stop safely or regain control of a vehicle that has left the roadway. While the...more
In the early 2000s, many accident reconstructionists believed that the emergence of event data recorders (EDRs) meant that EDRs would replace many of the traditional accident investigation techniques. These EDRs were commonly...more
Late last week, the United States District Court for the Northern District of Texas sided with the government and Boeing and refused to block the deal reached over charges of criminal conspiracy arising out of the crashes of ...more
Forensic engineering and accident investigation is a diverse and comprehensive field that involves the examination and analysis of both physical and electronic evidence. An integral part of the accident investigation process...more
Discovery requests in product liability litigation matters are often a costly and time-consuming black hole. They consume precious resources manufacturers and distributors could use to build up their businesses and, worse,...more
Trucking companies and their counsel have struggled to decide whether a carrier should conduct a preventability determination following an accident. Assessing how an accident happened and providing the truck driver with...more
In a case of first impression, the United States Court of Appeals for the Fifth Circuit has greatly strengthened the NTSB’s ability to avoid disclosing communications between the NTSB and parties to an accident...more
In Philadelphia Indemnity Insurance Co. v. Hollycal Production Inc. et. al., No. 5:18-cv-00768-PA-SP (C.D. Cal. Dec. 7, 2018), a California district court held that Philadelphia Indemnity Insurance Co. was not obligated to...more
Q. Are there any limitations on my company’s ability to require employees to submit to drug and alcohol testing after an accident? A. In May 2016, OSHA published a final rule that, among other things, amended the...more
The National Transportation Safety Board (NTSB) on June 29, 2017, published a final rule covering 49 C.F.R. 831 subparts A-D and an interim final rule for 49 C.F.R. 831 subpart E, both of which are effective July 31, 2017...more
Please join us on March 22 at noon Eastern Time for a 30 minute webinar presented by James Céspedes and Steven Adelman about the applicability of OSHA to your business. James and Steve will tell you all that you need to know...more
In previous articles, we discussed the Occupational Safety and Health Administration’s (OSHA) new rule regarding the reporting of workplace injuries and illnesses. One part of the rule requires employers to...more
In a previous article, we outlined the Occupational Safety and Health Administration’s (OSHA) new final rules regarding the reporting of workplace injuries and illnesses. These rules include a substantial limitation on an...more