On 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.
If your employees are part of the 25 million who have arbitration agreements that agree to bring claims in individual arbitration alone, then you will want to watch for the U.S. Supreme Court’s decision in Epic Systems Corp. v. Lewis. The Court heard arguments in the case last Monday and several of the Justices offered glimpses into the polarized positions on the Bench concerning whether the National Labor Relations Act prohibits agreements that preclude joint, class, or collective claims in the courts or in arbitration. You can learn more about the unique aspects of the arguments and the concerns of the Justices in this blog on Husch Blackwell’s Labor Relations Law Insider.
|October 11, 2017|
|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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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|
For many new companies, coming up with a unique name is not easy. As a result, companies often fall back on the family name of one of the founders as an easy and identifiable way to enter the marketplace. Companies may now want to rethink that approach given the U.S. Patent and Trademark Office’s (PTO’s) new examination guidelines for trademarks incorporating surnames.
On October, 6, the U.S. Department of State announced it will issue a report to President Donald Trump which will express the Department’s conclusion that the Government of Sudan (“GOS”) has sustained the positive actions necessary in order to repeal the majority of current U.S. economic sanctions against Sudan. The Department of State will formally publish a copy of this report in the Federal Register on Thursday, October 12, 2017, but has provided an advance copy on their website.
On October 5, 2017, Bonney Forge Corporation and United Steelworkers filed a petition for the imposition of antidumping and countervailing duties on imports of Forged Steel Fittings from China, Italy, and Taiwan.
On September 28, 2017, The Chemours Company FC LLC filed a petition for the imposition of antidumping and countervailing duties on imports of Polytetrafluoroethylene (PTFE) Resin from China and India.
A Wisconsin employer recently made headlines when it announced that it was offering its employees the option to be outfitted with a microchip to replace the cards or badges they use regularly while at work. The company, called Three Square Market, held a “chip party” on August 1 during which 41 out of its 85 employees opted to have the small chip implanted in their hand. Although the purpose of this RFID chip is limited to office functions such as making purchases in the break room market, logging into computers and printers, and accessing the building, one cannot help but think about the implications this type of technology could have on employee privacy.
On Tuesday, September 26, the Office of Foreign Assets Control at the Treasury Department announced new sanctions on banks and representatives linked to North Korean financial networks. These sanctions come as a response to North Korea’s violations of UN resolutions and attempts to develop nuclear weapons.
OFAC identified 26 North Korean nationals working in China, Russia, Libya, and the UAE as representatives of North Korean banks. In addition, eight financial institutions were added to the Specially Designated Nationals list, several of which have branches in China.
On September 26, 2017, DAK Americas LLC, Nan Ya Plastics Corporation, America, Indorama Ventures USA Inc., and M&G Polymers USA, LLC filed a petition for the imposition of antidumping duties on imports of Polyethylene Terephthalate (“PET”) Resin from Brazil, Indonesia, Korea, Pakistan, and Taiwan.