ABH at the Controls Risk Management principles have been applied in business and industry for years, becoming the subject of ISO/IEC Standard 31000:2009. They have also found their way into aviation, and particularly general aviation, where the layers of infrastructure and backup in airline operations are absent, and pilots must largely operate on their own.

John and Martha King, the respected operators of the King Schools, have preached the gospel of applying risk management principles to GA. They offer a series of “Practical Risk Management” training materials covering a range of flying activities. They have also spoken and written widely on the subject, forthrightly addressing the hazards of GA flying by using mistakes they made during their long career to illustrate the factors that can result in bad decision making in the air and on the ground. Their efforts have helped make risk management become a subject of interest and discussion in the GA community. Continue Reading Air Safety: Managing Risk Management

Product Liability Monitor

November 2, 2017
New Developments
Mr. Gorsuch Goes to Washington: Is Chevron Endangered?
By Tierra Jones

Since the Supreme Court’s 1984 holding in Chevron USA v. Natural Resources Defense Council (“Chevron”), courts have looked to federal administrative agencies in interpreting regulatory statutes. Under this doctrine, commonly referred to as “Chevron deference,” courts adopt the reasonable interpretation of the relevant federal agency when application of statutory provisions is uncertain and the agency’s interpretation is reasonable. The Supreme Court went further in National Cable & Telecommunications Ass’n, holding that when the Chevron test is satisfied, “an agency’s interpretation should prevail even when a court has adopted a contrary interpretation in the past.” [Continue Reading]

Artificial Intelligence: A New Frontier for Product Liability Claims?
By David Dean

Long considered the domain of science fiction, recent years have seen numerous applications of artificial intelligence begin to enter the mainstream. Apple’s Siri and Amazon’s Alexa have brought artificially intelligent personal assistants into our pockets and our living rooms. Google Translate applies machine learning to language translation, with near-human accuracy. IBM’s Watson is working with medical doctors in New York City to review patient records and recommend cancer treatment options. The first autonomous technology vehicles are already on the road. [Continue Reading]

Preparing for Depositions
By Alan Hoffman

Preparing witnesses for their depositions is an important task in discovery, and particularly so in product liability cases.  Product knowledge and expertise is often scattered, and sometimes reside in former employees. Loaded questions about “safety,” design choices, warnings and directions are often perplexing for witnesses. [Continue Reading]

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Technology, Manufacturing & Transportation
Product Liability Practice

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
October 2017

Charles MerrillHusch Blackwell’s Charlie Merrill authored an article, “It’s Up To EPA, Congress To Act On Commerce Reg Reforms” that appeared in Law360 this week. The article identifies recommendations for reform and actions needed for this reform to take place.

The U. S. Department of Commerce recently issued a report on the input it received from manufacturers on changes they would like to see in environmental permitting and regulations. The DOC report offered three overall recommendations for reducing regulatory burdens, as well as distilling recommendations from trade associations and individual manufacturing commenters into twelve “Priority Areas For Reform,” ten of them in the environmental area.

This article outlines environmental recommendations in the DOC report not previously analyzed in an earlier two-part Law360 article reporting on industry comments to the DOC, and discusses the processes by which the DOC’s priority recommendations for environmental regulations and permitting might be implemented.

Continue reading the article here.

compassOn March 8, 2014 Malaysia Airlines Flight MH370, a Boeing 777, departed Kuala Lumpur for Beijing with 239 passengers and crew on board. As it left Malaysian airspace the pilot, 53-year old Captain Zaharie Ahmad Shah, said, “Good night, Malaysian 370” to controllers. One minute later its transponder signal disappeared from radar screens. No further communications with the aircraft occurred. Malaysian radar showed that that the plane reversed course and flew southwest across Malaysia for half an hour. It reached the west coast of Malaysia, turned northwest, and continued on that course for another half hour before radar contact was finally lost.

Continue Reading Air Safety: Malaysia Air Flight 370: The Final Report

Product Liability Monitor

October 11, 2017
New Developments
America’s Opioid Epidemic: Who Will Be Held Accountable?
By Ally Schwab

In recent years America has seen an increasing number of opioid-involved deaths and is currently experiencing what the Center for Disease Control (“CDC”) describes as an “opioid epidemic.” This crisis has been devastating to many communities and individuals, and States are feeling the effect, too. State, county and municipal governments have faced mounting costs in battling this crisis, and some are now taking the fight to the manufacturers and distributors of these drugs. [Continue Reading]

Robots are Becoming a Media Phenomenon—And a Legal Phenomenon, Too
By Eric Krauss

The American public cannot get enough of robots. From science fiction to scientific fact, robotic news and entertainment are part of our daily lives. This past year, at least two television series focused on robots set in the near future (“Westworld” on HBO and “Humans” on AMC) have captured viewers’ imagination, and last week the Blade Runner 2049 sequel opened at theaters nationwide. Indeed, the relationship between people and robotics has been a film subject at least since Fritz Lang’s silent film Metropolis in 1927.  Its continuing popularity reflects our love-hate relationship with automation. [Continue Reading]

Heed the Heeding Presumption
By Alan Hoffman

One of the legacies of the Restatement of Torts, Second, Section 402A published in 1965, is the so-called “heeding presumption.” Section 402A’s Comment j afforded product sellers a presumption that an adequate warning, when given, would be heeded to avoid the risk: “Where a warning is given, the seller may reasonably assume that it will be read and heeded.” However, courts soon began inverting Comment j to create a presumption favoring plaintiffs; i.e., that since they would have heeded an adequate warning, they need not show that the absence of an “adequate” warning caused their injury. Effectively, the heeding presumption shifts the burden to the seller to disprove causation. [Continue Reading]

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Technology, Manufacturing & Transportation
Product Liability Practice

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
September 2017

airplaneOn October 27, 2016 a chartered Eastern Airlines Boeing 737 carrying Vice Presidential candidate Mike Pence and 36 others skidded off a wet runway at LaGuardia Airport on a rainy fall night. The incident gained some notoriety, not only because the candidate was aboard, but also because the cockpit voice recorder transcript revealed that, after the incident,  the captain said, “My career just ended,” and the co-pilot said, “We should have went around.”

Continue Reading Air Safety: “My Career Just Ended!”

shipping containers In guidance released August 28, 2017, U.S. Customs and Border Protection (CBP) reminded carriers whose ocean vessels have been diverted from their intended port of unlading by Hurricane Harvey to amend their manifests to reflect the new port of unlading. Amending the manifests ensures that the automated terminals at the new port of discharge will receive the appropriate notifications. But who must pay the additional costs that are incurred when cargo is rerouted because of extreme weather?

Shippers Usually Bear Disaster Expense

Hurricane Harvey has disrupted shipping in Texas and Louisiana, forcing carriers to divert vessels to alternate ports. This raises the question of whether shippers must assume the risk and additional costs of receiving cargo at a port to which it was not destined and for on-carriage to get the cargo to its ultimate destination. Additionally, shippers that intended to export cargo from ports impacted by Hurricane Harvey may face terminal demurrage charges for containers that were delivered before the hurricane but have not been shipped.

Continue Reading Cargo Rerouted by Hurricane Should Be Picked Up Quickly

jet“Cessna 1234A cleared for takeoff, caution wake turbulence from the departing Citation jet.” It’s a common warning at controlled airports where light planes mingle with jets and airliners.  Encountering wake turbulence at low altitude immediately after takeoff is a well-known danger that can have fatal results.  But wake turbulence is increasingly recognized as a danger to all aircraft, at all levels.

Continue Reading Air Safety: Caution—Wake Turbulence!

Product Liability Monitor

July 14, 2017
New Developments
Rats! Eco-Friendly Soy-Based Insulation Could Spell Trouble Down the Road
By Sarah Rashid

A new “eco-friendly” biodegradable material used to insulate wiring in newer cars could make for trouble — and lawsuits — down the road for car manufacturers. This insulation is made from soybeans, making it more environmentally friendly and cheaper for car manufacturers. But it has a downside: it serves as an attractive, tasty treat for rats, mice, squirrel, rabbits, and other rodents. [Continue Reading]

The Benefits And Risks Of Autonomous Vehicles
By Leslie Gutierrez

On June 15, 2017, Texas Governor Greg Abbott signed a bill that will allow autonomous vehicles (AVs) to operate on the state’s roads. Texas is now one of 17 states (Alabama, Arkansas, California, Colorado, Florida, Georgia, Louisiana, Michigan, New York, Nevada, North Dakota, South Carolina, Tennessee, Utah, Virginia, Vermont, plus Washington D.C.) that have passed legislation related to AVs. Governors in Arizona, Massachusetts, Washington and Wisconsin have also issued executive orders related to AVs. Wisconsin Governor Scott Walker has formed a committee to determine AV best practices, and Washington Governor Jay Inslee formed a similar interagency work group. [Continue Reading]

Speak, Corporation!
By Alan Hoffman

Mitt Romney famously told a heckler during his Presidential campaign, “Corporations are people, my friend.” While corporations are not people, they and other organizations surely are legal persons capable of suing and being sued. But how to take the deposition of a corporation or organization which can only speak through employees or representatives? [Continue Reading]

Connect with us: Blog | Twitter | LinkedIn
Technology, Manufacturing & Transportation
Product Liability Practice

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
June 2017