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7th Circuit Slaps Counsel, Punctures Airbag Claim
A recent 7th Circuit Court of Appeals case, arising from injuries allegedly caused by deployment of an airbag, illustrates a nightmare scenario for plaintiffs counsel. The stinging opinion by Judge Richard A. Posner (pictured) shot down plaintiff's res ipsa loquitur theory, rejected the testimony of plaintiff's putative expert and then slammed both parties for basic errors in establishing federal jurisdiction. In his analysis, Michael Hoenig of Herzfeld & Rubin surveys the damage.Cases Dealing With Religion, Pre-emption Before Supreme Court
The U.S. Supreme Court, in separate arguments on Wednesday, waded into two difficult parts of the Constitution that traditionally have divided the justices: religion and pre-emption.Air Bag Warning Claim Preempted; 'Scarlet Letter' Sanction Ordered
In his Products Liability column, Herzfeld & Rubin member Michael Hoenig discusses how federal preemption of particular automotive claims continue to be a battleground and how the recent Morris v. Mitsubishi Motors North America Inc. decision holds such a warnings claim to be preempted notwithstanding the Supreme Court's Williamson decision in March.Ford, GM, Honda see mixed China sales in May
Foreign automakers are seeing mixed sales trends in China as the world's biggest market for new vehicles cools after years of torrid growth.Corporations May Be Sued for Discrimination in Business Dealings
A little-noted, but very broad subsection of the New Jersey Law Against Discrimination has been used to extend the statute's coverage beyond the employer-employee relationship, affording protection from discrimination to independent contractors and even corporations.Cooper Tire & Rubber Co. v. Mendez, et al.
After eliminating expert testimony, due to its failure to satisfy the six-factor test set forth in DuPont v. Robinson for reliability of expert testimony, the court finds the evidence legally insufficient to support the verdict.Trending Stories
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