IranPresident Trump signed a new Executive Order on August 6, 2018, titled “Reimposing Certain Sanctions with Respect to Iran”. The Executive Order was timed to coincide with the last day of the 90-day wind-down period established for activities associated with certain sanctions relief authorized by the Joint Comprehensive Plan of Action (“JCPOA”).  As a result, the first round of sanctions against Iran will become effective at 12:01 a.m. on August 7, 2018. Continue Reading United States Announces Re-imposition of First Round of Nuclear Sanctions on Iran

droneThe U. S. Department of Transportation (“USDOT”) announced a diverse set of winners for the 10 openings in USDOT’s Unmanned Aircraft Systems (“UAS”) Integration Pilot Program (“IPP”). As advertised, the program’s selectees consist of state, local and tribal governments (“Selectees”) that will partner with private sector entities to accelerate UAS integration into the national airspace system. Continue Reading USDOT Selects Ten Drone Integration Sites

On April 15, 2018, the Department of Commerce’s Bureau of Industry and Security (“BIS”) issued a denial order against ZTE Corporation and ZTE Kangxun Telecommunications Ltd. (collectively “ZTE”), effectively banning U.S. companies from providing components to ZTE  because the company had failed to comply with the terms of a disciplinary agreement reached in March 2017 arising from violations of U.S. export control restrictions against Iran and North Korea. It is estimated that U.S. companies provide nearly 25-30 percent of the components used in ZTE products. ZTE’s U.S. subsidiary advertises that it has been ranked by independent industry analysts as the fourth-largest supplier of mobile devices in the U.S. overall and second-largest supplier of prepaid devices.

Continue Reading U.S. Commerce Department Rescinds Export Privileges for China’s ZTE

shipping containersOn Friday, February 23, 2018, the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”) imposed blocking sanctions against one individual, twenty-seven entities and twenty-eight vessels known to have previously provided maritime support to North Korean coal and petroleum transactions. OFAC added the individuals, entities and vessels to its Specially Designated Nationals List (the “SDN List”), which will generally prohibit the fifty-six sanctioned parties from transacting with the United States or any United States person.
Continue Reading OFAC Issues Additional North Korean Sanctions and Guidance for Shipping Companies

North America MapThe government shutdown began on Saturday at 12:01am. Here is a list of several agencies involved in trade and transportation issues that will be affected.

International Trade Commission

The International Trade Commission will only have three to seven individuals working during the shutdown in order to protect life and property. The six Commissioners are presidential appointees and therefore are exempt from the furlough. Continue Reading Impact of Government Shutdown on Trade

Toxic Tort Monitor

January 17, 2018
New Developments
A Review of 2017 Personal Jurisdiction Decisions
By Taylor Concannon

In 2017, the U.S. Supreme Court in cases such as BNSF Railway Co. v. Tyrrell and Bristol-Myers Squibb Co. v. Superior Court of California continued the trend that began in Goodyear and Daimler and reaffirmed its limits on personal jurisdiction for corporate defendants. [Continue Reading]

Summary of 2017 Talc Verdicts
By Natalie Holden

After several multi-million dollar verdicts in talc and ovarian cancer trials in 2016, 2017 proved to be a more interesting year, with some plaintiff verdicts and some defense verdicts. There are currently thousands of talc related claims pending across the United States. The defendants in this litigation maintain that the science does not support the claims that personal care powder products cause ovarian cancer. [Continue Reading]

Missouri Court of Appeals Reverses Defense Verdict Finding Trial Court’s Allowance of Four Defense Experts as Cumulative and an Abuse of Discretion
By Natalie Holden and Jen Dlugosz

In Shallow v. Follwell, the Missouri Court of Appeals for the Eastern District, Division Four, held that the trial court abused its discretion by permitting the “unfairly cumulative and prejudicial repetition of expert opinions from [defense] expert witnesses.” [Continue Reading]

Texas Court of Appeals Denies Rehearing in Goodyear Tire & Rubber Company v. Rogers
By Joe Ellis, Anne McLeod and Natalie Holden

In Goodyear Tire & Rubber Company v. Rogers, the Dallas Court of Appeals issued an important decision regarding the calculation of exemplary damages awarded under the Texas statute governing the exemplary damages cap to calculate a judgment amount in the case of an employer defendant found grossly negligent where the deceased employee claimed exposure to asbestos. [Continue Reading]

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Toxic Tort Litigation Practice

Companies face increasingly well‐coordinated attacks in jurisdictions across the country. These assaults are becoming more complex and costly as plaintiffs’ counsel pursue novel theories and claims to keep asbestos litigation thriving. Husch Blackwell’s team has experience in numerous jurisdictions throughout 37 states. Our attorneys can help you navigate the intricate web of plaintiffs’ firms, changing laws, evolving science and anti-defendant courts. [More information]

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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?

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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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