The proverbial hacksaw inside a prisoner’s birthday cake has been supplanted by a new technological trend for bringing contraband into the jailhouse – Unmanned Aircraft Systems (“UAS”). As early as 2015, a fight broke out at the Mansfield Correctional Institution in Ohio when a drone carrying tobacco, marijuana, and heroin crashed into a yard inside the facility. That same year, a drone trafficking hacksaw blades, a cellphone, and Super Glue crashed into a maximum security prison in Oklahoma. Similar plots have been attempted in more than a dozen states nationwide, leading states like North Carolina, Tennessee, and Texas to ban drone flights over correctional facilities. Perhaps to save us from another pre-emption fight over UAS operational restrictions, the federal government is now following suit.

On June 7, 2018 the FAA announced temporary flight restrictions over federal correctional facilities and certain U.S. Coast Guard facilities. The inclusion of Coast Guard facilities has no connection to the smuggling concerns faced by correctional facilities. Rather, the addition of Coast Guard facilities is simply an expansion of the FAA’s existing flight restrictions at select national security sensitive facilities that are operated by the Departments of Defense and Energy.

The new restrictions went into effect on June 20, 2018 and prohibit UAS operations between the surface and 400 feet above ground in the vicinity of thirty-three Coast Guard and correctional facilities. The restrictions are in effect 24 hours per day, seven days per week.

The correctional facilities located in Arizona, California, Colorado, Florida, Illinois, Indiana, Kentucky, Louisiana, Mississippi, Pennsylvania, Texas, Virginia, and West Virginia. The Coast Guard facilities are in Maryland, Massachusetts, California, North Carolina, Alaska, Florida, Virginia, Washington, and West Virginia.

Failure to comply with FAA and state UAS regulations (including temporary flight restrictions) can lead to significant civil and criminal penalties. Software developers must ensure their products are updated to appropriately avoid these restricted areas, and operators would be wise to check the FAA’s Know Before You Fly app before beginning their missions.

You can reach Husch Blackwell’s experienced team of UAS attorneys by contacting Erik Dullea and Chris Sundberg, who are happy to help your business more effectively utilize UAS technology and stay out of trouble with the FAA.

 

Toxic Tort Monitor

February 12, 2018 | Editor: Jen Dlugosz | Assistant Editors: Anne McLeod and Natalie Holden
New Developments
Which Came First: Subject Matter or Personal Jurisdiction?
By Mary Kate Mullen

Two recent Eastern District of Missouri cases examined the same issue, yet the court reached opposite results. In Lewis v. Johnson & Johnson and Jinright v. Johnson & Johnson, the court considered whether subject matter jurisdiction or personal jurisdiction should be decided first. [Continue Reading]

Fifth Circuit Sets Bright Line Rule for Timing Requirement Under Federal Officer Removal Statute
By Tierra Jones

In January 2018, a three-judge panel on the U.S. Court of Appeals for the Fifth Circuit vacated a district court’s remand of an asbestos case to state court for being untimely, based on a federal officer removal statute, 28 U.S.C § 1442 (“Statute”). The Court of Appeals found that the Statute allows for removal of a case within 30 days after the date a defendant received the transcript of an oral deposition providing a basis for removal, as opposed to the date on which the relevant deposition testimony was taken. [Continue Reading]

An Analysis of the Pennsylvania Fair Share Act and its Application to Asbestos Litigation, in Light of the Recent Ruling in Roverano v. John Crane, Inc.
By Theresa Mullineaux

In December, the Pennsylvania Superior Court ruled that the Fair Share Act applies to asbestos litigation, meaning that defendants are only responsible for the percent they are found liable. Prior to the enactment of the Fair Share Act, a defendant found liable could be on the hook for the entire verdict. [Continue Reading]

Upcoming Events
DRI – Toxic Torts and Environmental Law
March 1-2, 2018
Nashville, TN

Several of our toxic tort litigators are attending this DRI seminar; we hope to see you there!

Toxic Tort Monitor Archive
January 2018

Read the full Toxic Tort Monitor Archive

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Technology, Manufacturing & Transportation
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]

Toxic Tort Monitor

July 1, 2016
New Developments
Fifth District Ordered to Hear Ford Motor Company’s Appeal on Personal Jurisdiction Motion
By Jenna Marie Stupar and Nicho Kelly

In November, the Madison County Circuit Court denied a motion by Ford Motor Company to dismiss an asbestos case for lack of personal jurisdiction. The court found that Ford’s “substantial” business activities were such that it was at home in Illinois and subject to the court’s jurisdiction. Jeffs v. Anco Insulations, Inc. et al, No. 15-L-533 (Cir. Ct. Mad. Co. 2015).  Last month, the Illinois Supreme Court granted Ford’s motion for a supervisory order with the Illinois Supreme Court under Rule 383, and ordered the Fifth District to hear the appeal. [Continue Reading]

Spring 2016 Asbestos Verdict Summary 
By Jen Dlugosz

In the spring of 2016, there were several significant asbestos verdicts nationwide.  [Continue Reading]

Husch Blackwell Expands into Wisconsin; Combination Adds Depth and Capabilities to Industry-Focused Firm

Husch Blackwell and Whyte Hirschboeck Dudek S.C. (WHD), a leading Wisconsin business and litigation law firm, will combine effective July 15, 2016. The move strengthens both firms’ commitment to providing industry knowledge and experience to clients. The combined firm will retain the Husch Blackwell name and will continue to operate in all markets where both firms currently have offices. With the addition of WHD’s offices in Milwaukee, Madison and Waukesha County, Wis., as well as Chicago, the combined firm will have more than 700 attorneys and offices in 19 cities. Husch Blackwell and WHD had combined annual revenues of approximately $346 million in 2015, placing the firm among the Am Law 100, The American Lawyer’s annual ranking of the nation’s 100 top-grossing law firms.

Connect with us: Blog | Twitter | LinkedIn
Technology, Manufacturing & Transportation
Asbestos 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]
Toxic Tort Monitor Archive
June 2016