Regulation and litigation surrounding auto safety and manufacturing.
By Max Mitchell | August 15, 2017
A Pennsylvania judge has denied insurance giant State Farm's bid to end a bad-faith lawsuit that alleges the company refused to reimburse a man who had been charged for stacking insurance coverage even though he owned only one vehicle.
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By Scott Graham | August 14, 2017
U.S. Magistrate Judge Jacqueline Scott Corley has thrown a wrench into the company's plan to tell jurors that Anthony Levandowski may have had an innocent reason for downloading Google's data.
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By Katheryn Hayes Tucker | August 11, 2017
As their battle heads to the Georgia Supreme Court, lawyers for the family of Remi Walden and the maker of the Jeep vehicle in which he died have filed briefs framing two dramatically different views of the same trial.
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By Jason Grant | August 11, 2017
Podhurst Orseck partner Roy Altman files a lawsuit in Miami federal court alleging a tire-wearing alignment defect in VW's luxury midsize sedans.
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By Scott Graham | August 11, 2017
Federal Circuit judges show little interest in steering dispute into arbitration.
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By Brian Baxter | August 10, 2017
Japanese auto parts giant Takata Corp., which followed its U.S. unit into a Delaware bankruptcy court this week, revealed in court documents that it is paying nearly $1 million per month in legal fees to an Am Law 100 firm advising it in product liability litigation over faulty air bags.
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By therecorder | The Recorder | August 10, 2017
9th Cir.; 15-17328 The court of appeals affirmed a judgment. The court held that because a telemarketing company acts as an independent contractor for…
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By Larry E. Coben | August 10, 2017
Automobile manufacturers are legally obligated to design, build and sell vehicles that are crashworthy, as in Gaudio v. Ford Motor, 926 A. 2d 524 (Pa. Super. 2009), appeal den., 989 A. 2d 917 (2010). Crashworthiness is the designed protection a vehicle affords occupants against injury or death in a collision, as in Harsh v. Petroll, 840 A.2d 404, 417-418 (Pa. Commwlth 2003). If a motorist or passenger is involved in a collision and she suffers enhanced injuries, the vehicle manufacturer will be liable for those injuries—if the producing harm was caused by a defective design, as in Hutchinson v. Penske Truck Leasing, 876 A. 2d 978 (Pa. Super. 2005), aff'd. 592 Pa. 38 (2007). Before the 2011 amendments to the Pennsylvania Comparative Negligence Act, the tortfeasor causing the accident and the tortfeasor-manufacturer whose product enhanced the injuries were jointly and severally liable. Thus, if a jury found the offending driver 80 percent liable and the vehicle's faulty design 20 percent liable (for the purpose of perfecting a claim for contribution) for the enhanced injury, the victim could recover the full amount of the verdict from either party. However, in 2011, the legislature altered the common law and passed 42 Pa. C. S. 7102 (a.1) and (a.2) to establish several liability based upon jury apportionment of each defendant's liability, 42 Pa. C. S. 7102 (a.3) allows for joint and several status of a defendant found "not less than 60 percent" liable. The question that has not been addressed in connection with the doctrine of crashworthiness is whether apportionment of liability is appropriate when the plaintiff's harm is divisible or indivisible? As set forth below, the most logical answer is: no.
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By Commentary by Cecile S. Mendizabal and Lisette M. Alvarez | August 10, 2017
On July 1, Florida legislators enacted a new law, Florida Statute Section 627.748, imposing new insurance requirements for ridesharing companies; and, provides for new requirements for auto insurance coverage that affect TNCs and personal auto insurance companies. The statute provides up to $1 million in coverage for those involved in an accident. With such high coverage at stake, auto insurance companies may be exposed to a new wave of litigation, write Cecile S. Mendizabal and Lisette M. Alvarez.
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By Scott Graham | August 9, 2017
U.S. Magistrate Judge Jacqueline Corley said Uber's selective waiver of attorney-client privilege for meetings involving Travis Kalanick and Uber litigation chief Angela Padilla was self-serving and implausible.
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