Will Arkansas Governor Hutchinson Fold on ‘Religious Freedom’?

On Friday March 27th, while physical and digital cavalries amassed in opposition to Indiana Governor Mike Pence’s Thursday signing of the state’s Religious Freedom Restoration Act (RFRA), the Arkansas state Senate voted 24-7 in favor of its state’s own version of the bill. HB 1228, a bill declaring that “a state action shall not substantially


In Defense of the NHTSA

In the wake of the global auto industry facing an enormous amount of recalls and legal actions, the National Highway Transportation Safety Administration (NHTSA) has endured a sizeable amount of scrutiny in recent years. Some, including myself, have raised questions regarding lax testing standards, and allegations of cronyism between the agency and automakers. Given the


Passage of Indiana Law Continues ‘Right to Try’ Momentum despite Concerns

Indiana became the 11th state last week to sign a controversial ‘Right to Try’ bill into law, allowing some desperately ill patients easier access to non FDA-approved experimental medications. The cause has been popularized in recent years due to the critically-acclaimed film, “Dallas Buyers Club,” which was about smuggling unapproved medications in order to help


Will CBD Laws put the South on the Legal Marijuana Bandwagon?

On March 27th, Georgia Governor Nathan Deal committed to signing into law the “Haley’s Hope” bill legalizing a certain form of cannabis called CBD. This strain of marijuana is different from the typical THC-laden plant that is predominantly used medically and recreationally. While non-intoxicating, CBD strains have been shown to dramatically reduce epileptic seizures in



Standard of Liability Under the WPLA for Manufacturers

The WPLA defines five categories of potential liability for product manufacturers: construction defects, breach of warranty, design defects, failure to warn, and post-sale duty to warn. Construction Defects The WPLA uses the term “strict liability” to describe a manufacturer’s responsibility for products that materially deviate from the manufacturers design specifications or performance standards or materially


Is the NHTSA Too Cozy with Automakers?

While the General Motors ignition switch recall has dominated recent automotive headlines, it has been far from the only major automaker to face recent massive legal challenges. Over 60 million vehicles were recalled in 2014, and the 80,000 complaints received was more than twice the previous record set in 2004. Each of the top 8


FAA Shifts Policy for Amazon, Allows Drone Delivery Tests

Amazon drone delivery took a step closer to becoming a reality on Thursday, March 19th, when the Federal Aviation Administration (FAA) softened its 2014 ruling on drone regulations that had essentially put delivery off-limits. The most recent ruling allows Amazon to test drones “for research and development and crew training.” The prior 2014 ruling allowed


Protected Speech in Play as Supreme Court Tackles Texas License Plate Battle

A Supreme Court hearing that began Monday regarding personalized Texas license plates will likely reignite the debate over protected speech and could potentially redefine the ways that governments collect revenue. Like many states, Texas offers drivers the opportunity to purchase specialty plates advertising causes or non-profit groups. Many groups pay the state to produce the


The ET-Plus Guardrail: When Safety Becomes Political

The Federal Highway Administration recently gave passing grades to the ET-Plus guardrail in four recent crash tests; however, both the agency and embattled manufacturer, Trinity Industries, are now facing an even higher degree of scrutiny. The ET-Plus passed despite the final test causing a sizeable gash in the driver’s side door, causing extensive damage to