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HTMLMontana Judge Reduces Punitives In Automotive Case But Award Still Vulnerable On Appeal
Sutherland Asbill Brennan LLP;
Legal Alert/Article
October 9, 2014, previously published on October 2, 2014
In May, we posted that a Montana jury awarded the family of two teens involved in a fatal car crash $240 million in punitive damages because of an alleged manufacturing defect in the steering knuckles of the car’s suspension system. Last week, the presiding judge affirmed the jury’s...

 

HTMLNHTSA's September Scrutiny
Christopher H. Grigorian; Foley & Lardner LLP;
Legal Alert/Article
October 7, 2014, previously published on October 2, 2014
September was a difficult month for NHTSA. During one week alone, a New York Times article blasted NHTSA for failing to investigate a number of defects that later resulted in injuries and fatalities and, ultimately, recalls; the House Energy & Commerce Committee issued a scathing report...

 

HTMLFederal Circuit Upholds Inequitable Conduct Post Therasense For Withheld Information
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article
October 7, 2014, previously published on October 2, 2014
In American Calcar, Inc. v. American Honda Motor Co., the Federal Circuit upheld the district court’s finding that three Calcar patents are unenforceable due to inequitable conduct. Both courts reached this decision of inequitable conduct post Therasense despite the fact that the validity of...

 

HTMLChrysler Recalling Jeep Grand Cherokees and Dodge Durangos
Jennifer L. Keel; Burg Simpson Eldredge Hersh & Jardine, P.C.;
Legal Alert/Article
September 30, 2014, previously published on September 26, 2014
Chrysler recently announced it will be recalling nearly 189,000 Jeep Grand Cherokee and Dodge Durango sports utility vehicles to fix a fuel pump issue that might cause the vehicles to stall.

 

HTMLFord Issues Escape, Mariner Recall
Jennifer L. Keel; Burg Simpson Eldredge Hersh & Jardine, P.C.;
Legal Alert/Article
September 30, 2014, previously published on September 16, 2014
Ford recently announced it is recalling nearly 74,000 Ford Escape and Mercury Mariner hybrid electric vehicles because of the fear the electronic systems inside the cars could overheat. Of the total recalled vehicles, 66,000 were Escapes and 7,800 were Mariners, sold in North America. Most of the...

 

HTMLComparing Apples to Oranges
Sarah B. Cole; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
September 30, 2014, previously published on September 1, 2014
What is an “underinsured” motor vehicle in Delaware? Up until a short time ago, if all applicable policies of bodily injury liability coverage available totaled less than the amount of the claimant’s own uninsured/underinsured motorist coverage, that claimant would be deemed...

 

HTMLCFPB Issues Special Edition Supervisory Highlights on Indirect Auto Lending
Neal C. Wise; Jones Walker LLP;
Legal Alert/Article
September 29, 2014, previously published on September 25, 2014
On September 23, 2014, the Consumer Financial Protection Bureau ("CFPB") released its Supervisory Highlights describing its fair credit supervisory actions in the indirect automobile lending market. According to the CFPB, the term "indirect automobile lenders" consists of...

 

HTMLCFPB Proposes to Examine and Directly Supervise Nonbank Auto Lenders
Keith J. Barnett, Thomas M. Byrne, B. Knox Dobbins, Cheryl L. Haas, Jason S. McCarter; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
September 25, 2014, previously published on September 19, 2014
On September 17, the Consumer Financial Protection Bureau (CFPB) proposed to make nonbank automobile lenders subject to the examination and direct supervision of the Bureau. Under the proposed rule, the CFPB would include as a “larger participant” any company engaging in more than...

 

HTMLBest Practices in Drafting U.S. Government Subcontract Terms and Conditions
Erin L. Toomey; Foley & Lardner LLP;
Legal Alert/Article
September 17, 2014, previously published on September 15, 2014
Federal government subcontracts are a hybrid between commercial contracts governed by state law (such as, for the sale of goods, the Uniform Commercial Code) and government contracts governed by the Federal Acquisition Regulation (FAR) and FAR agency supplemental clauses. A...

 

HTMLBYOD and the Auto Industry: A Marriage Made in Heaven or Hell?
Mark J. Neuberger; Foley & Lardner LLP;
Legal Alert/Article
September 12, 2014, previously published on September 8, 2014
By all accounts, Bring Your Own Device (BYOD) to work is catching on like wildfire because virtually every American worker holds a device in the palm of their hand which is faster and more powerful than some of the most powerful desktop computers from as little as ten years ago. As employees at all...

 


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