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Managing a Head-On Collision With a Patent Troll
The Legal Intelligencer
June 5, 2012

The automotive industry has discovered something that the electronics industry has known for years: Nonpracticing entities — also known as “NPEs” or “patent trolls” — can inflict significant costs through the filing and prosecution of patent infringement lawsuits. Now more than ever, companies in the automotive industry find themselves named as defendants in NPE litigation, and thus need to be ready for the fight and prepared with the tools and knowledge that best help repel NPEs, avoid liability and save costs. Full Text


Prevailing Trends in Automotive Class Action Litigation
The Legal Intelligencer
June 5, 2012

The automotive industry frequently confronts class action litigation. The complexity of product design, manufacturing and warnings issues, coupled with broad marketing and sales programs, provides fertile ground for potentially millions of consumers to seek class relief for alleged vehicle defects and deceptive trade practices. Full Text


Stacking of UM/UIM Coverage in Pennsylvania
The Legal Intelligencer
June 5, 2012

In Pennsylvania, uninsured motorist (UM) and underinsured motorist (UIM) coverages must be offered with the issuance of all motor vehicle liability insurance policies. These coverages may be rejected in accordance with the strictures of §1731(c.1) of the Motor Vehicle Financial Responsibility Law. If not rejected, UM and UIM coverages must be stacked unless stacking is rejected pursuant to §1738 of the MVFRL. Full Text


MAP-21 and the Role of Black-Box Recorders in Discovery
The Legal Intelligencer
June 5, 2012

Event data recorders (EDRs), more commonly known as black boxes, are installed in approximately 85 percent of current automobiles. The National Highway Traffic Safety Administration (NHTSA) defines an EDR as a device “in a vehicle that records the vehicle’s dynamic, time-series data during the time period just prior to a crash event or during a crash event, intended for retrieval after the crash event.” Full Text



In Pursuit: Determining Liability in Police Chases
The Legal Intelligencer
June 5, 2012

Police chases are glorified in Hollywood with daring stunts and spectacular crashes and end with the bad guy in handcuffs. In real life, police chases rarely have happy endings. Recently, residents of the Philadelphia area were repeatedly subjected to the disturbing video news clip of a police chase accident that resulted in the death of a 36-year-old father, Danny Roman. Roman’s vehicle was struck as Gregory Alston fled police in a high-speed chase through North Philadelphia. Roman’s 4-year-old son, Jaden, and Jaden’s mother, Jenny Santiago, were also in the vehicle but survived the crash. Full Text 


‘Made-Whole Doctrine’ Doesn’t Apply to Collision Coverage
The Legal Intelligencer
June 5, 2012

On Dec. 21, 2011, in Jones v. Nationwide Property and Casualty Ins. Co. ,32 A.3d 1261 (Pa. 2011), the Pennsylvania Supreme Court addressed the applicability of the “made-whole doctrine” to subrogation cases involving collision coverage for automobiles. Full Text