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HTMLSubrogation Plaintiffs Obtain Reversal in Appellate Division: Questions of Fact Including Whether Auto Dealership Negligently Performed Vehicle Recall
Abrams Gorelick Friedman Jacobson LLP;
Legal Alert/Article
August 10, 2016, previously published on May 5, 2016
A motion court erred in granting the defendant auto dealership's motion for summary judgment, as there existed questions of fact concerning its negligence in carrying out an automaker's recall, and the Appellate Division, Second Department, reversed the court's order.


HTMLAuto Recalls Make Strange Bedfellows But Can They be faithful?
Donald V. Orlandoni; McDonald Hopkins LLC;
Legal Alert/Article
February 4, 2016, previously published on January 25, 2016
It is no wonder that industry-wide optimism was on full display at the recent North American International Auto Show in Detroit. U.S. auto sales set a record high last year, and the future promises even more excitement as automakers race to equip their cars with enhanced digitalization, green...


HTMLDiminution in Value and How it Impacts Evaluating Claims
Gina M. Rossi; Hall & Evans, L.L.C.;
Legal Alert/Article
November 17, 2015, previously published on November 5, 2015
When an automobile is damaged in an accident and then repaired, the resale value may be less than a comparable automobile that has not been damaged. In other words, the damage results in a reduction or “diminution” in the resale value of the automobile. An insured’s claim for this...


HTMLCan the Feds Slow Down Truckers with Mandatory Speed-Limiting Devices?
Robert D. Sullivan; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
May 15, 2015, previously published on May 4, 2015
The National Highway Traffic Safety Administration (NHTSA) is pushing for new regulations requiring tractor-trailer trucks to be equipped with speed-limiting devices. This regulation, if passed, will impact not only the trucking industry but also the manufacturers of tractor-trailer trucks and...


HTMLTakata Airbag Recalls Seemingly Insufficient; Suit Filed Alleging Serious Injuries By Exploding Airbag In Unrecalled Nissan
Motley Rice;
Legal Alert/Article
May 7, 2015, previously published on April 16, 2015
MT. PLEASANT, SC ¿ (April 16, 2015) ¿ Motley Rice LLC, one of the nation¿s largest plaintiffs¿ firms, has filed a new product liability action in MDL No. 2559, In re Takata Airbag Products Liability Litigation, in the U.S. District Court for the Southern District of Florida (Miami) against Takata...


HTMLVolkswagon Announces Recalls as Auto Industry Struggles with Quality
Katie Nealon; Brayton Purcell LLP;
Legal Alert/Article
March 3, 2015, previously published on January 22, 2015
The problem of mass recalls is not unique to the American auto industry. Recently Volkswagon announced it is recalling 37,979 later model cars do to a faulty sealing cap that has the potential to start a fire should it leak.


Adobe PDFProposed Regulations Poised to Impact Saskatchewan Vehicle “Dealers”
Daniel Everall; Aird Berlis LLP;
Legal Alert/Article
February 20, 2015, previously published on January 29, 2015
The Saskatchewan government has requested comments on the proposed overhaul of its consumer protection regime. As part of the changes, the Motor Dealers Act (the “Old Regime”) would be repealed and replaced by The Consumer Protection and Business Practices Act and the Vehicle Dealers...


HTMLTransforming the China Automotive Industry - Finding a Path Forward
Mark A. Aiello, Steven H. Hilfinger, Selig D. Sacks; Foley Lardner LLP;
Legal Alert/Article
November 14, 2014, previously published on November 6, 2014
The 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...


HTMLStop Product Liability Claims Now!
Jeffrey A. Soble; Foley & Lardner LLP;
Legal Alert/Article
November 12, 2014, previously published on October 27, 2014
More 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...


HTMLThe 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;
Legal Alert/Article
November 10, 2014, previously published on October 1, 2014
A 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...


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