Massachusetts Holds Automotive Manufacturer Owes Duty To Defend Dealer Only for Claims Alleging Manufacturer Was Sole Cause of Defective Motor Vehicle
Posted on Jun 14, 2014 in Litigation, Product Liability, Transportation | Comments Off on Massachusetts Holds Automotive Manufacturer Owes Duty To Defend Dealer Only for Claims Alleging Manufacturer Was Sole Cause of Defective Motor Vehicle
The Supreme Judicial Court of Massachusetts confronted yesterday under what circumstances a motor vehicle manufacturer owes a duty under Massachusetts law to defend a motor vehicle dealer against a claim “predicated upon the negligent design or manufacture of a new motor vehicle, or any part or component thereof?” The court had to interpret the state’s law that provides for...
Texas Federal Court Denies Railroad’s Motion To Dismiss Retaliation Case Under FRSA’s “Kick-Out” Provision
Posted on Jun 10, 2014 in Litigation, Transportation | Comments Off on Texas Federal Court Denies Railroad’s Motion To Dismiss Retaliation Case Under FRSA’s “Kick-Out” Provision
In December 2010, a railroad employee filed an administrative claim under the Federal Rail Safety Act (“FRSA”) alleging that the railroad retaliated against him for reporting a rail yard safety condition. OSHA investigated the claim and attempted to conduct closing conferences in August and October 2011, but the employee insisted on additional investigation. OSHA eventually dismissed...
Ohio Federal Court Grants Summary Judgment to Tractor Manufacturer on Insurer’s Case Alleging Design Defects
Posted on Jun 9, 2014 in Construction, Investigations, Litigation, Product Liability, Transportation | Comments Off on Ohio Federal Court Grants Summary Judgment to Tractor Manufacturer on Insurer’s Case Alleging Design Defects
Following a fire that entirely destroyed a commercial farming tractor, an insurer paid the tractor’s owner a significant sum under a casualty/property policy, and then brought suit against the tractor manufacturer and the manufacturer of the tractor’s turbocharger alleging defective design claims. One day before the incident, however, a worker for the insured noticed steam and water...
Alabama Federal Court Has Personal Jurisdiction Over Canadian Car Manufacturer That Produced Cars Specifically for Distribution in U.S.
Posted on Jun 9, 2014 in Litigation, Product Liability, Transportation | Comments Off on Alabama Federal Court Has Personal Jurisdiction Over Canadian Car Manufacturer That Produced Cars Specifically for Distribution in U.S.
The U.S. District Court for the Northern District of Alabama denied a Canadian car manufacturer’s motion to dismiss for lack of personal jurisdiction in a case brought by the estate of a woman killed in a car crash alleging liability under the Alabama Extended Manufacturer’s Liability Doctrine, negligence, and breach of warranties. The defendant is headquartered in Canada and has no...
Supreme Court of Virginia Reverses Verdict for Autopilot Manufacturer and Remands Case
Posted on Jun 6, 2014 in Construction, Investigations, Transportation | Comments Off on Supreme Court of Virginia Reverses Verdict for Autopilot Manufacturer and Remands Case
The Supreme Court of Virginia reversed a judgment in favor of an autopilot system manufacturer in a case involving consolidated wrongful death actions arising from a small airplane crash. In the court’s opinion that was released yesterday, the court concluded that an accident investigation report should not have been admitted into evidence pursuant to the learned treatise exception of...
Bulk of Class Action Against Car Manufacturer for Defective Navigational/Entertainment System Allowed To Proceed
Posted on Jun 4, 2014 in Construction, Product Liability, Transportation | Comments Off on Bulk of Class Action Against Car Manufacturer for Defective Navigational/Entertainment System Allowed To Proceed
In a putative class action brought against a car manufacturer for fraud and breach of warranty claims in fifteen states, the U.S. District Court for the Northern District of California denied the manufacturer’s motion to dismiss with respect to most claims. The case alleges that the manufacturer’s navigation/entertainment system, which allows for control of multiple car functions...
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