IranPresident Donald Trump has announced that he will approve certain sanctions waivers necessary in order to preserve the Iran nuclear deal (JCPOA). In an official statement, the President indicated that this is the last such waiver he will issue and warned that “the United States will not again waive sanctions in order to stay in the Iran nuclear deal.”

President Trump called on Congress to enact legislation addressing Iran and stated that the legislation should include the following critical components:

  • The legislation must require Iran to allow immediate inspections by international inspectors at all nuclear sites.
  • The legislation must “ensure that Iran never even comes close to possessing a nuclear weapon”.
  • The legislation “must have no expiration date.” President Trump stated that “My policy is to deny Iran all paths to a nuclear weapon – not just for ten years, but forever.”
  • The legislation must subject Iran’s long-range missile program to the same sanctions imposed on its nuclear weapons program.

Continue Reading President Trump Temporarily Extends Iran Nuclear Deal

White HouseOn Thursday, January 11, the U.S. Department of Commerce formally submitted to the President the results of its investigation into the effect of steel mill product imports on U.S. National Security. The President now has 90 days to decide on any action on steel imports. Continue Reading Commerce Submits Steel Section 232 Report to the President

websiteWe think it is relevant, even at this early stage at the commencement of 2018, so close to the 2017 holiday season, to note that the e-commerce explosion will continue in full force and will in the natural course of events bring transportation intermediaries more into the 3PL space in the delivery of fulfillment services. This is inevitable for those who intend to survive and grow. Larger multinationals are already substantially involved. However, it is especially important for small and mid-sized intermediaries to recognize that they must embrace digitalization in their industry even more so than they currently do in order to compete in this environment. The current view is that small and mid-sized intermediaries can survive and thrive in this new competitive zone. Continue Reading The E-Commerce Trend Continues in High Gear: How are Ocean/Air and Other Transportation Intermediaries Responding?

drone with cameraOn Tuesday December 12, 2017, President Trump signed into law the National Defense Authorization Act (“NDAA”). Section 1092(d) of the NDAA restores the requirement that owners of unmanned aircraft systems (“UAS”) used for recreational purposes (“Model Aircraft”) must register and mark their UAS in accordance with the Federal Aviation Administration’s (“FAA”) “Registration and Marking Requirements for Small Unmanned Aircraft” published on December 16, 2015 (“Registration and Marking Requirements”).

Continue Reading National Defense Authorization Act Reinstates Marking and Registration Requirements for All UAS Owners

On December 4, 2017, the Wisconsin Department of Natural Resources (DNR) amended its National Ambient Air Quality Standards (NAAQS) for fine particulate matter (PM2.5). The rule reduces the primary annual standard for PM2.5 from 15.0 to 12.0 micrograms per cubic meter (µg/m3). DNR was required to promulgate this rule to be consistent with the U.S. EPA NAAQS for PM2.5, published in January, 2013. The DNR rule is scheduled to be effective January 1, 2018, and will be submitted to the EPA as a revision to the Wisconsin state implementation plan. Continue Reading Wisconsin Tightens Air Quality Standards

Product Liability Monitor

December 4, 2017
New Developments
Missouri Adopts Daubert: What It Means in Product Liability Cases
By Theresa Mullineaux

In March 2017, Missouri Governor Eric Greitens signed House Bill 153, which amended Mo. Rev. Stat. § 490.065, and effectively adopted Daubert standards for Missouri cases, effective in August 2017. As a result, Missouri now follows similar standards to those applied in Federal courts and the majority of other state courts for expert evidence.[1] HB 153 establishes a four factor standard: [Continue Reading]

Defending Depositions
By Alan Hoffman

A previous post discussed preparing witnesses for their depositions. After a witness has been prepared for deposition it is the lawyer’s job to protect the witness, the client, and the record—a task that has many challenges, perils and pitfalls, but particularly so in products cases which often involve complicated design, risk-benefit, “safety” and warnings issues. Here are some suggestions for product lawyers and witnesses. [Continue Reading]

The Ninth Circuit versus CAFA’s Removal Provisions in Products Liability Litigation
By Soham Desai

The 2005 Class Action Fairness Act created federal jurisdiction based on minimum diversity for certain class and mass actions in an effort to preclude artfully maneuvering to defeat diversity jurisdiction. Actions with at least 100 plaintiffs, minimal diversity between the parties, and an amount in controversy exceeding $5 million dollars may be removed to federal court. In response, plaintiffs’ attorneys began subdividing their cases into groups of less than 100 plaintiffs in order to avoid removal under CAFA. [Continue Reading]

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Manufacturers 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
November 2017

shipping containersOn November 30, 2017, PMP Fermentation Products, Inc. filed a petition for the imposition of antidumping duties and countervailing duties on imports of sodium gluconate, gluconic acid, and derivative products from the People’s Republic of China and France. Continue Reading Petition Summary: Sodium Gluconate, Gluconic Acid, and Derivative Products from China and France

Globe showing AsiaThe U.S. Department of Commerce self-initiated trade cases for the first time since 1991 on Tuesday, November 28, on Chinese common alloy aluminum sheet. While Commerce normally opens antidumping and countervailing duty investigations only after requests from the domestic industry, the agency is authorized to self-initiate cases. Commerce last exercised this power for a countervailing duty case in 1991 and for an antidumping case in 1985.

Secretary Wilbur Ross said in a statement on Tuesday, “President Trump made it clear from day one that unfair trade practices will not be tolerated under this administration, and today, we take one more step in fulfilling that promise. We are self-initiating the first trade case in over a quarter century, showing once again that we stand in constant vigilance in support of free, fair and reciprocal trade.” Continue Reading Commerce Department Self-Initiates Trade Case on Aluminum Sheet from China