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|ITC Institutes Investigation (337-TA-937) Regarding Certain Windshield Wipers|
Eric W. Schweibenz; Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.;
November 27, 2014, previously published on November 19, 2014On November 17, 2014, the U.S. International Trade Commission ("Commission") issued a press release announcing their vote to institute an investigation of Certain Windshield Wipers and Components Thereof (Inv. No. 337-TA-937). Please note that Oblon Spivak represents Complainants in this...
|New Jersey Federal District Court Sheds Light on “Use of Motor Vehicle” Standard in New Jersey Omnibus Statute|
Davis J. Kim, Jonathan Schapp; Goldberg Segalla LLP;
November 26, 2014, previously published on November 25, 2014In Carolina Casualty Insurance Co. v. Travelers Property Casualty Co., Civ. No. 09-4871, 2014 U.S. Dist. LEXIS 150002 (Oct. 22, 2014), the United States District Court for the District of New Jersey interpreted the “use of a motor vehicle” standard under New Jersey’s omnibus motor...
|Arctic Cat Files New 337 Complaint Regarding Certain Snowmobiles|
Alexander B. Englehart, Eric W. Schweibenz; Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.;
November 22, 2014, previously published on November 10, 2014On November 7, 2014, Arctic Cat Inc. of Plymouth, Minnesota ("Arctic Cat") filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.
|Sixth Circuit Sharpens Ford’s Focus on Payment of Overpayment Interest|
Timothy Santoli, Ryan Zucchetto; Dentons Canada LLP;
November 21, 2014, previously published on October 30, 2014While it appears that Ford’s petition for certiorari to the Supreme Court yielded Ford some of the answers it was looking for, Ford is still without the approximately $470 million in what it argues is overpayment interest. As we discussed in a previous article, the Supreme Court asked the...
|Opportunistic Acquisitions: Buying Assets Through Bankruptcy|
Nicholas E. Williams; Foley Lardner LLP;
November 14, 2014, previously published on November 3, 2014Though often overlooked, bankruptcy sales can be a real boon to businesses looking for a great deal. Prospective purchasers must, of course, interface with the bankruptcy court, so these companies must understand the lay of the land when looking for a bargain. For example, in the last two years,...
|Transforming the China Automotive Industry - Finding a Path Forward|
Mark A. Aiello, Steven H. Hilfinger, Selig D. Sacks; Foley Lardner LLP;
November 14, 2014, previously published on November 6, 2014The Global Automotive Forum 2014 was held in Wuhan, China October 16-17. This was the fifth annual convening of the event by the China Council for the Promotion of International Trade (CCPIT), the last two of which have been held in Wuhan. The official title of the program was “The Vision for...
|I Can't Work Saturday, I am Working at a Food Drive That Was Organized by My Church...What's an Employer to Do?|
Leonard V. Feigel; Foley & Lardner LLP;
November 12, 2014, previously published on October 30, 2014It is no secret that controlling costs in today’s Automotive Industry is a must. Companies are employing smaller workforces to cut labor costs and are using real time ordering and supply to cut inventory surpluses and better manage supply costs. Consequently, companies are often scheduling...
|Stop Product Liability Claims Now!|
Jeffrey A. Soble; Foley & Lardner LLP;
November 12, 2014, previously published on October 27, 2014More and more recalls mean more and more product liability claims. Even without recalls, for companies in the Automotive Industry product liability claims are a way of life. So, what do you do to prevent such claims? Knowing that they are inevitable, what do you do to make sure that their impact is...
|The Connecticut Supreme Court Restricts the Plaintiff’s Ability to Rely On the “Malfunction Doctrine” to Support A Product Liability Claim|
Eric W. F. Niederer; Wilson Elser Moskowitz Edelman & Dicker LLP;
November 10, 2014, previously published on October 1, 2014A recent decision handed down by the Connecticut Supreme Court may significantly impact the way product liability lawsuits are litigated within the state of Connecticut in the future. In a products liability case, the “malfunction doctrine” permits the plaintiff to argue at trial that a...
|Massachusetts, Where Only Young Rubber Hits the Road|
Robert D. Sullivan; Wilson Elser Moskowitz Edelman & Dicker LLP;
November 8, 2014, previously published on February 18, 2014Massachusetts is considering An Act to Increase Road Safety (H3016), which will require issuance of a rejection certificate for any vehicle equipped with a light-truck or passenger tire, including a full-service spare, more than six years old. The bill would amend Massachusetts’s...