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|New Requirements for NHTSA Recalls and Early Warning Reporting Become Effective October 21|
Christopher H. Grigorian, Brian J. Kapatkin; Foley & Lardner LLP;
October 18, 2013, previously published on October 17, 2013In August, NHTSA adopted numerous amendments to its recall and early warning reporting (EWR) regulations. (See 78 Federal Register 51382 (Aug. 20, 2013)). Several of these amendments - which impact all vehicle and equipment manufacturers conducting safety recalls -become effective on October 21,...
|Auto Makers Flatten Patent Troll|
Kumar K. Maheshwari; Foley & Lardner LLP;
October 9, 2013, previously published on October 7, 2013On August 9, 2013 the Federal Circuit decided Taurus IP, LLC v. DaimlerChrysler Corp., 2013 U.S. App. LEXIS 16507 (Court of Appeals, August 9, 2013). Taurus IP (a non-practicing entity) accused the auto manufacturers (DaimlerChrysler Company, Mercedes-Benz and Chrysler Group) for infringing claim...
|Hit by Someone Driving Under the Influence of Medication?|
Jeffrey H. Rasansky; Rasansky Law Firm;
October 8, 2013We usually tend to think of driving under the influence (DUI) or driving while intoxicated (DWI) as alcohol-related problems (and the majority of reckless vehicle accidents do involve drunk drivers), auto accidents can also be caused by prescription or OTC medications.
|When Should Airbags Deploy or Not Deploy?|
Jeffrey H. Rasansky; Rasansky Law Firm;
October 4, 2013Throughout recent years, there have been cases of airbags that didn't inflate or deployed at odd times. On top of that, there are always concerns one should consider with airbags.
|China Targets Auto Industry for Anti-Monopoly Investigations|
Mitchell Dudek, Todd Liao, Alex Wang, Sarah Zeng; Dentons Canada LLP;
October 2, 2013, previously published on September 25, 2013In August, international news outlets reported that the National Development and Reform Commission (NDRC), the Chinese governmental authority that regulates price monopoly activities in China, has been working with the China Automobile Dealers Association (CADA) to collect data regarding the...
|New Amendments to Delaware Law Impacts Mergers and Defective Corporate Acts|
Chao Meng; Foley & Lardner LLP;
October 1, 2013, previously published on September 30, 2013Delaware recently passed amendments to its General Corporation Law, which will impact corporate and acquisition rules for the automotive industry. The amendments add several new provisions to the DGCL, including provisions that (1) allow a corporation to opt into a streamlined back-end merger...
|United States District Court for the District of Maryland Grants Class Action Plaintiff’s Motion to Remand to State Court|
Wayne C. Heavener; Semmes Bowen Semmes A Professional Corporation;
September 30, 2013, previously published on September 2013In Covert v. Automotive Credit Corporation, the United States District Court for the District of Maryland found that a defendant in a class action suit failed to establish removal jurisdiction. This case arose out of a suit filed on behalf of a putative class in the Circuit Court for Baltimore...
|TRW Automotive Files New 337 Complaint Regarding Certain Vision-Based Driver Assistance System Cameras|
Lisa M. Mandrusiak, Eric W. Schweibenz; Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.;
September 26, 2013, previously published on September 24, 2013On September 20, 2013, TRW Automotive U.S. LLC of Livonia, Michigan (“TRW”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.
|Attention Auto Dealers: What Constitutes Good Cause to Terminate Your Dealership Agreement?|
McDonald Hopkins LLC;
September 25, 2013, previously published on September 23, 2013Under Ohio law, a franchisor must have “good cause” in order to terminate a motor vehicle franchise. That good cause cannot include the failure to achieve any unreasonable or discriminatory performance criteria. In order to comply with the law, the Japanese auto manufacturer Nissan...
|RICE MACT Update|
Graham Crockford; Foley Lardner LLP;
September 20, 2013, previously published on September 19, 2013On October 19, 2013 all spark-ignition (natural gas or gasoline-fired) Reciprocating Internal Combustion Engine (RICE) units are required to be in compliance with the RICE MACT. By that date facilities with RICE units must install non-resettable operating hour meters on any spark-ignition RICE unit...