Product Liability Archives - Page 7 of 12

CFPB to Propose Forced Arbitration Changes

Staff - October 8, 2015

The proposed regulation would not completely ban the practice in its entirety, but instead force to add a section that states that the arbitration procedures do not apply if a complaint has been certified by a judge for class-action litigation. Codrary said about the provision, “Under this proposed approach, consumers would again get their day in court to hold companies accountable for potential wrongdoing. We think that’s quite important.” The rule would also require companies to publicly post which claims have been brought to arbitration and the awards issued.

Volkswagen Internal Audit Focuses on Engineers as Lawsuits Mount over Emissions Scandal

Staff - October 6, 2015

he engines were set to be a revolutionary breakthrough, used not just for Volkswagen models, but also for the company’s premium brand Audi, and less costly offshoots Skoda and Seat, along with some light commercial vehicles. Although specifics remain sketchy, it appears that management from the engineering team instructed the use of the software, under pressure to market the “clean diesel” breakthrough. The internal audit discovered that engineers realized that the vehicles would not, at the very least, meet U.S. diesel emissions standards, which are more stringent than in Europe.

Seven More Automakers Questioned about Takata Airbag Recall

Staff - September 29, 2015

The companies include: Volkswagen, Tesla, Daimler’s Mercedes Benz division, Jaguar-Land Rover, Suzuki, Volvo Trucks, and Spartan Motors. Depending on the regulator’s findings, the manufacturers could add to the 11 companies and over 19.2 million vehicles within the U.S. implicated in the recall. Specifically, the NHTSA is asking the automakers whether or not their airbags contain ammonium nitrate, the propellant that can “potentially lead to overaggressive combustion or potentially cause the inflator to rupture,” spraying shrapnel into the driver’s cabin; which has been attributed to at least eight deaths and over 100 injuries.

Ralph Nader’s Tort Law Museum Opens in Connecticut

Jeremy Lesh - September 28, 2015

Nader is hoping that the museum will help to serve future generations in understanding the power of the consumer, the threats of the protections being removed as part of the conservative tort-reform agenda, which is an attempt to put caps on personal injury lawsuit awards. Nader said, “Tort law is being run into the ground, maligned, caricatured and slandered because it’s effective,” calling tort reform, “the cruelest movement I’ve ever encountered.”

Peanut Exec gets Record 28 Year Sentence for Deadly Food Poisoning Outbreak

Staff - September 22, 2015

Parnell was convicted on multiple charges including knowingly shipping peanut products that were tainted with salmonella to merchants throughout the country. An ensuing outbreak between 2008 and 2009 in 46 states contributed to over 700 illnesses and at least nine deaths. Judge Sands also sentenced Parnell’s brother, 56 year-old Michael Parnell, a peanut broker, to 20 years and the plant’s quality assurance manager Mary Wilkerson to five years. Stewart Parnell’s 28 year sentence is the longest ever given for a food poisoning-related offense.

Volkswagen Emissions Fallout Begins: and it’s Really, Really Bad

Staff - September 22, 2015

Tangible damage has already begun on a grand scale for the company since the announcement, as its stock has plunged over 35 percent by midday trading on Tuesday, including closing down 18 percent on Monday, already dropping the company’s value by nearly $17 billion even before Tuesday’s announcement. The scandal and costs associated with EPA-ordered recall will likely cost the company at least that much factoring in federal penalties from the U.S. as well as in other nations. In addition, the amount of civil liability and class-action lawsuits could also range in the billions.

AutoNation CEO: ‘Company will not Sell Recalled Vehicles’

Staff - September 8, 2015

In an industry that set a record for recalls in 2014, and with over 34.5 million vehicles recalled by the end of July, 2015, Jackson believes that dealers should take a more active role in protecting consumers. The CEO said, “If every time a vehicle, new or used, moves through the franchised automotive retail system, every recall is completed, then the completion rate on recalls in total, both how fast they get done and the percentage that get done, will increase significantly.”

Alleged Cover-up Could Blow Roof off of Asbestos Litigation

Staff - September 5, 2015

The appeals ruling involved a class-action suit filed by relatives of alleged asbestos victims who accused BASF and Cahill of a systematic cover-up involving the destruction of key documents involving Engelhard asbestos litigation. Although the case in itself is not injury related, evidence of a cover-up could revive many previously litigated cases and cases in which plaintiffs settled for less than they would have had they attained access to factual information.

Sincerely Nuts Recalls Macadamia Products due to Salmonella Scare

Staff - September 5, 2015

According to the FDA, Persons infected with the salmonella organism “often experience fever, diarrhea (which may be bloody), nausea, vomiting and abdominal pain” that in rare circumstances, “can result in the organism getting into the bloodstream and producing more severe illnesses such as arterial infections (i.e., infected aneurysms), endocarditis and arthritis.”

Virginia to Conduct New Testing of ET-Plus Guardrails

Staff - September 4, 2015

The tests come as several critics dispute the validity of eight road tests that the Federal Highway Administration (FHWA) claims that the ET-Plus passed in March. The ET-Plus guardrail is designed to act as a shock absorber when a vehicle collides with it, but many believe that the guardrail can buckle and splinter instead, spearing the vehicle and possibly drivers with jagged pieces of metal piercing through the door or window. Currently, there are over 200,000 ET-Plus guardrails installed throughout the U.S. highway system.

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