Product Liability Monitor

December 13, 2016
New Developments
Auto Manufacturers Partner with Nauto to Improve Driverless Car Technology
By Shannon Peters

One of the main obstacles to the autonomous vehicle industry is “infrastructure,” but not in the sense typically associated with the term. Since autonomous vehicles come in all shapes, sizes, and powertrain types (gasoline, electric, and hybrid),

Gun controlThree of the four states to consider tightening their gun-control laws pass new initiatives on Tuesday. Gun-control was on the ballot in Washington, Maine, Nevada, and California.

In California, which already has some of the nation’s most stringent gun laws, voters approved a measure that will outlaw possession of large-capacity ammunition magazines, require permits to buy ammunition, and extend California’s program that allows authorities to seize firearms from owners who bought guns legally but are no longer allowed to own them. The gun-control measure, pushed by Lt. Gov. Gavin Newsom, was approved by 62 percent of voters as of Wednesday morning. The full text of the measure can be found here.
Continue Reading Gun-Control Ballot Initiatives

Product Liability Monitor

November 8, 2016
New Developments
Does Talc Cause Cancer? Scientific Evidence in the Courtroom
By Alan Hoffman

This year juries returned verdicts totaling nearly $200 million in three Missouri cases claiming that ovarian cancers is caused by using talcum powder products. By contrast, in September a New Jersey Superior Court excluded expert opinions offered to

Product Liability Monitor

August 9, 2016
New Developments
GM’s Ignition Switch Litigation Woes Continue
By Shannon Peters

“Just when I thought I was out…they pull me back in.” That must be what GM’s executives (and counsel) were thinking when the Second Circuit handed down its recent decision overturning portions of the 2015 Bankruptcy Court decision that could have

Product Liability Monitor

June 7, 2016
New Developments
Driverless Cars and the Law
By Mark Pratzel

As driverless car technology evolves, questions continue to arise regarding its legal repercussions. Google, one of the leading forces behind autonomous cars, predicts that they will be available to the public by 2020.  Nissan and Tesla are also developing self-driven car technology.  

flagsEffective May 23, 2016, the U.S. State Department revised its policy and terminated the embargo that had previously prohibited any exports to and imports of lethal arms and related material from Vietnam. President Obama announced this change in policy during a visit to Hanoi, Vietnam. Under the new policy, U.S. persons and other individuals or business entities subject to the Arms Export Control Act (AECA) may now apply for a license to export lethal defense articles and defense services to Vietnam or temporarily import the same from Vietnam. The Directorate of Defense Trade Controls will then review any license applications on a case-by-case basis.

Continue Reading U.S. Secretary of State Adjusts Policy on Sale of Defense Items to Vietnam

Recently the Supreme Court of Missouri held that The Protection of Lawful Commerce and Arms Act (“PLCAA”) preempts a negligence claim but allows a correctly pled negligent entrustment action against a firearm seller. Gun controlThus, the PLCAA is not only a hot political topic being discussed by the Presidential Candidates, but also one that is being litigated within the legal system.

In Delana v. Ced Sales, Inc., d/b/a Odessa Gun & Pawn, et al., (2016 WL 1357209 (MO en banc April 6, 2016, not released for publication) defendant Odessa Gun & Pawn (“Odessa) sold a firearm, to a mentally ill child of the plaintiff, Janet Delana, which the child used to kill her own father.  Plaintiff telephoned Odessa and asked the store manager, Derrick Dady, to refrain from selling a gun to her daughter, who was severely mentally ill and should not have a gun.  Plaintiff also told Mr. Dady that her daughter had purchased a gun at Odessa the previous month and attempted to commit suicide, and said, “I’m begging you, I’m begging you as a mother, if she comes in, please don’t sell her a gun. Two days later, Mr. Dady sold her a gun and ammunition which she used within an hour to kill her father.


Continue Reading PLCAA Challenged in Politics and in the Courtroom