International flagsOn April 19, 2017, Petitioners ArcelorMittal Tubular Products, Michigan Seamless Tube, LLC, PTC Alliance Corp., Webco Industries, Inc., and Zekelman Industries, Inc. filed a petition for the imposition of antidumping duties and countervailing duties on imports of Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from China, Germany, India, Italy, Korea, and Switzerland.

Continue Reading Petition Summary: Certain Cold-Drawn Mechanical Tubing Of Carbon And Alloy Steel From China, Germany, India, Italy, Korea, And Switzerland

airportThe recent US ban on laptops and tablets electronic devices from carry-on luggage from flights from 10 Middle Eastern Airports, and a more limited UK ban, have been widely condemned by the aviation press and the airline industry as arbitrary, ineffective and counterproductive. There is no factual basis for the airports selected, the UK list differs from the US, and the bans can be evaded by taking a connecting flight from elsewhere.[1]

These issues raise a more fundamental question: Does the enormous cost and burden imposed upon the airlines and the traveling public by the all-encompassing TSA airport security regime provide any real benefit?

Continue Reading Air Safety: Do Away with TSA?

flagsOn April 11, 2017, Petitioners Waterloo Industries Inc. filed a petition for the imposition of antidumping duties and countervailing duties on imports of Certain Tool Chests and Cabinets from the People’s Republic of China and the Socialist Republic of Vietnam.

SCOPE OF THE INVESTIGATION

The scope of this petition covers certain metal tool chests and tool cabinets with drawers (“tool chests and cabinets”) from the People’s Republic of China and the Socialist Republic of Vietnam. The scope covers all metal tool chests and cabinets, including top chests, intermediate chests, tool cabinets and side cabinets, storage units, mobile work benches, and work stations and that have the following physical characteristics:

Continue Reading Petition Summary: Tool Chests and Cabinets From China And Vietnam

Product Liability Monitor

April 10, 2017
New Developments
I Like It, But Do I Trust It? Drivers Weigh In on Autonomous Vehicle Technology
By Shannon PetersThe American Automobile Association (AAA) recently released the results of a survey of American drivers which yielded an interesting conclusion:  Americans want autonomous vehicle (AV) technologies in their next vehicle, but they are not sold on fully self-driving cars.The AAA survey indicates that 75 percent of Americans would be afraid to ride in a self-driving vehicle, and more than half would feel less safe sharing the roads with a self-driving car. Not surprisingly, younger generations are slightly less afraid of this developing technology than their older counterparts. [Continue Reading]
Walking the Lone Pine Trail
By Alan HoffmanLone Pine orders take their name from Lore v. Lone Pine Corp. They are most often entered in toxic tort litigation, requiring plaintiffs to provide some prima facie evidence to support causation or other claims based on expert opinion. Typically, such orders call for expert affidavits or other evidence supporting a claimed connection between the plaintiff’s condition and defendants’ products. [Continue Reading]
Due Process Limits on Personal Jurisdiction
By Dan JaffeIn recent years the United States Supreme Court has strengthened the due process protections for defendants against suits in states with which they have no meaningful contacts. In J. McIntyre Machinery, Ltd. v. NiCastro, the plaintiff sued the British manufacturer of a metal-shearing machine in New Jersey, where he was injured. The defendant neither marketed nor sold its products in that State. It sold its machines nationwide through an independent U.S. distributor, but defendant’s representatives were never present in New Jersey. In any event, no more than four of its machines ended up in New Jersey. The Court held that exercise of judicial power over a defendant is unlawful unless the defendant purposefully avails itself of the privilege of conducting activities within the forum State. [Continue Reading]
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Technology, Manufacturing & Transportation
Product Liability PracticeManufacturers work hard to develop material goods and product designs that are high-quality, safe and durable. We understand your commitment to excellence and commit ourselves to defending you against product liability allegations. Husch Blackwell’s Product Liability team has insight into your industry-specific challenges. [More information]
Product Liability Monitor Archive
March 2017

 

brockhoert_leslie cockerham_stephenMore and more it seems disputes are occurring over what information the EEOC may subpoena from employers. On April 3, 2017, the U.S. Supreme Court issued its ruling in McLane Co. v. EEOC, weighing in on the standard of review on appeal when district courts either enforce or quash an EEOC subpoena.

Before discussing the case, let’s first address how we get to an appeal of such an issue:

Continue Reading EEOC Subpoenas—The Supreme Court Weighs In on the Standard of Review

droneOn April 7, 2017, the Federal Aviation Administration (“FAA”) published a Notice to Airman (“NOTAM”), effective April 14, 2017, prohibiting the operation of unmanned aircraft systems (“UAS”) over one hundred thirty-three military facilities to an altitude of four hundred (400) feet. In issuing the NOTAM, FAA is relying on its authority located in 14 C.F.R. § 99.7 to address national security concerns.

Continue Reading Federal Aviation Administration Restricts UAS Operations Over 133 Military Facilities

White HouseOn March 31, 2017, President Trump signed two Executive Orders (EO) aimed at the enforcement of the collection of antidumping and countervailing duties for unfair trade practices and at the evaluation of significant trade deficits with U.S. trading partners. These EOs are a clear indication that trade, as promised throughout the campaign, will continue to be a top priority of the Trump presidency.

Continue Reading President Trump Issues Two New Executive Orders On Trade

retirementOn December 29, 2016, the Department of Labor (DOL) issued Interpretive Bulletin 2016-01 (the “Bulletin”) relating to the exercise of shareholder rights by fiduciaries of employee benefit plans, including the voting of mutual fund proxies under 401(k) and similar retirement savings plans.

What is the Obligation?

Generally, the Bulletin provides that fiduciaries that manage employee benefit plan assets have a fiduciary obligation to exercise shareholder rights for securities (including mutual funds) held by such plans. Thus, plan fiduciaries may not simply ignore their voting rights.

Continue Reading Proxy Voting and Interpretive Bulletin 2016-01

airplane jetThe U.S. Department of Transportation recently revised the SIFL rates that are used to value an employee’s personal use of a company aircraft, as required by the Internal Revenue Code Section 61 and the Federal Tax Regulations Section 1.61-21(g). The Department announced that the following rates will apply for the 6-month period January 1, 2017 through June 30, 2017:

Continue Reading DOT Revises the Standard Industry Fare Level (SIFL) for First 6 Months of 2017

cargo shipOn March 31, 2017, Petitioners North American Steel & Wire, Inc./ISM Enterprises filed a petition for the imposition of antidumping duties on imports of Carton-Closing Staples from the People’s Republic of China.

SCOPE OF THE INVESTIGATION

The scope of this investigation is carton-closing staples. Carton-closing staples are fastening devices used to secure or close the flaps of corrugated and solid paperboard cartons and boxes. Carton-closing staples are manufactured from steel wire, and commonly have a copper-coating or a zinc (galvanized) coating. Carton-closing staples manufactured from stainless steel wire are also covered.

Continue Reading Petition Summary: Carton-Closing Staples From China