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|Transportation Broker Not Liable Under Carmack Amendment for Injuries Caused by Truck Driver|
Christopher J. Hoare; Capehart & Scatchard, P.A.;
February 28, 2014, previously published on February 21, 2014In January of 2014, in the case of Kavulak v. Transportation Solutions Group, et al., the U.S.D.C.W.D.N.Y. found that the estate of a deceased driver whose car was struck by an independent owner-operator had no claim against the transportation broker that dispatched the trip in question under the...
|Japan’s Automakers Forecast Record-High Profits|
Masahiro Tanabe; Foley & Lardner LLP;
February 27, 2014, previously published on February 24, 2014Japan’s automakers are forecasting record-high profits for the fiscal year ending March 31, 2014. The weakening yen is a big contributor to this phenomenon, but it isn’t the only factor.
|GM (Again) Revises Its Terms and Conditions, This Time in Response to Continued Supplier Concerns|
Ann Marie Uetz, Brandi F. Walkowiak; Foley & Lardner LLP;
February 21, 2014, previously published on February 20, 2014In July 2013, GM rolled out major changes to its general terms and conditions for its contracts, imposing the most extensive changes for its suppliers in several decades. On this blog, we covered the changes and extensively analyzed the revised terms. A number of the provisions which GM imposed...
|Top Legal Issues Facing Suppliers in 2014|
Jeffrey A. Soble, Brandi F. Walkowiak; Foley & Lardner LLP;
February 19, 2014, previously published on February 16, 2014We know that you have been considering what business and commercial issues you will face in 2014 (and perhaps beyond) as an Automotive Supplier. But, have you been considering what legal issues you are likely to face? Do you know what is happening in Antitrust, Commercial Litigation, Compliance,...
|U.S. Supreme Court Addresses When a State can Assert General Jurisdiction of Foreign Corporations|
February 19, 2014, previously published on February 7, 2014The United States Supreme Court recently handed down a decision that may affect whether and when state and federal district courts can exercise general jurisdiction over non-resident corporations. In Daimler AG v. Bauman, et al., US Supreme Court no 11-965 (January 14, 2014), the U.S. Supreme...
|United States District Court finds Defense Expert’s Testimony Inadmissible under Federal Rule of Evidence 702|
Wayne C. Heavener; Semmes Bowen Semmes A Professional Corporation;
February 18, 2014, previously published on February 2014In Ruark v. BMW of North America, LLC, the United States District Court for the District of Maryland held that expert testimony in support of defendant automobile manufacturers was inadmissible under FED. R. EVID. 702 and Daubert v. Merrell Dow Pharms., 509 U.S. 570 (1993). The Court held that the...
|GM Recalls Chevrolet Cobalt Linked To Fatal Accidents|
Fabrice N. Vincent; Lieff, Cabraser, Heimann & Bernstein, LLP;
February 17, 2014, previously published on February 13, 2014General Motors announced today it has recalled almost 800,000 of its cars after 6 people have died due to accidents involving faulty ignition switches. GM has acknowledged at least 22 accidents involving the ignition switches in some of its Chevrolet Cobalt and Pontiac G5 compact models. The...
|Iran Sanctions: Every Day Above Ground is a Good Day|
Mark L. Jensen, Cheryl Palmeri; Sheppard, Mullin, Richter & Hampton LLP;
February 14, 2014, previously published on February 6, 2014What a difference a year makes. As we reported last month, 2013 was filled with notable developments in U.S.-Iran relations. The year was capped on November 24, 2013, when the United States and its negotiating partners were surprisingly able to reach a Joint Plan of Action with Iran (the...
|Vehicle Submersion and Escapeworthiness - Do I Have a Lawsuit?|
Rasansky Law Firm;
February 12, 2014, previously published on February 11, 2014Vehicle submersion and escapeworthiness refers to the ease within which car occupants are able to get out of a quickly sinking car, escaping death via drowning. Most car manufacturers do not pay enough attention to this quality, and as a result, can find themselves partially liable for fatalities...
|Reality Hits - The Temporarily Impaired can be "Disabled" under the ADA|
Gentry Locke Rakes Moore LLP;
February 12, 2014, previously published on January 31, 2014When Congress passed amendments to the Americans with Disabilities Act in 2008 ("ADAAA"), it was reacting, in part, to a series of Supreme Court decisions. One of those decisions, Toyota Motors Manufacturing, Kentucky Inc. v. Williams (2002), adopted a strict construction of the term...