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CPSC Advises Voluntary Industry Standards for Rechargeable Batteries Inadequate

On January 23, 2017, Samsung announced that poorly designed and manufactured batteries are to blame for the fires associated with its Galaxy Note 7 phones. The announcement comes after months of investigation by Samsung and three independent industry organizations. The

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Posted in Product Liability

Product Liability Claims When The Product Has No Manufacturer Label

There are many impediments to a successful investigation of a product liability claim – age of the product, preservation of evidence, chain of custody of the evidence, installation markings, etc. This article will discuss situations where there is a lack of

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Posted in Product Liability

Washington’s Independent Duty Doctrine – Actual Injury or Prop Damage Not Required

Since recently departing from the economic loss rule, Washington courts have continued to expand the scope and applicability of the independent duty doctrine in a variety of circumstances. A recent appellate case, The Point at Westport Harbor Homeowners’ Association v.

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Posted in Economic Loss Doctrine

“Smart Cars” – NHTSA Investigation for Potential Fire Hazard

The National Highway Traffic Safety Administration has opened a preliminary investigation into 42,875 model year 2008-2009 Fortwo vehicles (“Smart Cars”). The term “Smart Car” refer to the Smart Fortwo originally introduced in Europe. They are small two seat vehicles with

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Posted in Subro Round-Up

The Saga Continues – SB 800 Update – California’s Right to Repair Act

The Right to Repair Act has reared its ugly head again. In Elliott Homes, Inc. v. Superior Court (Hicks) 2016 DJAR 11930, the Third Appellate District issued a writ of mandate ordering a stay of pending litigation until plaintiffs satisfied

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Posted in Uncategorized

Lithium Battery Fires and CT Scans

On October 13, 2016, Roylco Educational Light Cubes were recalled because its lithium battery can overheat and catch fire. On the same day, Samsung expanded its recall of the Galaxy Note7 Smartphones based on additional incidents with the replacement phone’s

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Posted in Cyber; IoT and Technology, Product Liability

Part 36: Settle or Face the Consequences

In England, parties to a dispute are encouraged to settle cases through the use of Part 36 of the Civil Procedure Rules (“CPR”). The rationale of the Part 36 regime is to encourage settlement. If a party rejects an offer

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Posted in International Claims

Recalls of Lithium-Ion Laptop Batteries Continue

Despite over a decade of laptop battery recalls, one of the latest chapters in the lithium-ion fire hazard saga unfolded on June 23, 2016, when HP issued a sweeping recall of batteries installed in its notebook computers. The particular lithium-ion batteries

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Posted in Cyber; IoT and Technology, Product Liability

Compliance With Hague Convention When Serving Foreign Entities

In today’s economy, it is no surprise to find that the product at the heart of a product liability suit was manufactured by a company outside of the United States. But properly serving that foreign manufacturer appears to cause some

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Posted in International Claims

Subcontract Language Can Prevent Enforcement of AIA Waiver of Subrogation

The United States District Court of Maryland recently held that a waiver of subrogation clause found in an AIA agreement can be superseded by subsequent contract language between the contractors. In Turner Construction Co. v. BFPE Int’l, 2016 WL 1169938

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Posted in Contractual Issues
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