Archive for the ‘Uncategorized’ Category

Drone Registration – What’s Next?

The United States Circuit Court of Appeals for the District of Columbia recently upheld a verdict on behalf of a drone enthusiast that found that the Federal Aviation Administration’s (FAA) rule requiring that individual recreational users of drones register the unmanned aerial vehicles (UAV) and pay a $5 fee.  The registration was good for 3 […]

 

Fourth Circuit Excludes FDA Evidence in Transvaginal Mesh Products Liability Case

In the Southern District of West Virginia, Johnson & Johnson and its subsidiary, Ethicon, Inc., were sued for defective design and failure to warn for their transvaginal mesh TVT-O, in addition to a loss of consortium claim. This specific case, Huskey v. Ethicon, Inc., involved the product Tension-Free Vaginal Tape-Obturator (“TVT-O”), which was implanted in […]

 

Court Excludes Evidence Developed Through Plaintiff’s Surreptitious Contact with Corporate Defendant’s Employees

On March 27, 2015, Jalal Haidar brought suit in federal court, alleging that he had been injured by a dangerous condition in a hotel.  According to Haidar, he sat motionless on a hotel toilet for approximately fifteen seconds when, without making any contact with the toilet tank, the tank lid suddenly fell.  The lid broke […]

 

What Is the Impact of NHTSA Automated Vehicle Policy on Transportation Liability?

On September 19, 2016, the National Highway Transportation Safety Administration (NHTSA) issued a Policy regarding automated vehicles.  NHTSA issued the Policy for the purpose of providing guidance to the states, manufacturers, and the public at large over how best to address the variety of challenges posed by the continued progress of automated vehicle technology.  These […]

 

Subrogation in Data Breach Cases: Vendor Vulnerability and Practical Prevention

Written by Chris Jones and David Boyce “Customer data is often a liability rather than an asset” observed Johns Hopkins cryptographer Matthew Green in a recent tweet. A liability indeed, not only for the corporate victim of a breach, but also for an ever expanding list of potential third party defendants. The collection and retention […]

 

Supreme Court Declines to Penalize Plaintiff for Failure to Correct Misnomer

Linda Richmond alleged injuries from an April 12, 2009 auto accident that occurred when her vehicle was struck by a vehicle driven by Katherine E. Volk. The vehicle operated by Volk was owned by Jeannie Cornett. Richmond filed her Complaint on February 28, 2011, erroneously naming “Katherine E. Cornett” as the defendant. In January of […]

 

Varity Corp. v. Howe: Alive and Well Despite Amara!

 This article originally appeared in The Voice, Vol. 15, Issue 4 (January 27, 2016), a publication of DRI. It appears here with permission. It’s a common fact scenario that many of us frequently face these days: a plaintiff’s complaint makes two claims under ERISA, a claim for plan benefits under § 1132(a)(1)(B) and an equitable claim […]

 

Virginia Supreme Court Expands Scope of UM/UIM Coverage

In an opinion issued on September 17, 2015, Est. of Slone v. Selective Ins. Co. of America, et al., the Virginia Supreme Court effectively expanded the scope of UM/UIM coverage in Virginia. Slone was filed as a declaratory judgment action that stemmed from a wrongful death case. The Roanoke County Circuit Court held that two […]

 

Changes to Federal Rules of Civil Procedure Effective December 1, 2015

Numerous amendments to the Federal Rules of Civil Procedure will come into effect on December 1, 2015. The amendments are to Rules 1, 4, 16, 26, 30, 31, 33, 34, 37, 55 and 84. These amendments will have a variety of effects on the preparation of cases and the handling of potential claims. The following is a summary of the more […]

 

Changes to Virginia UM/UIM Law

Virginia has made changes to its underinsured motorist law that will take effect on July 1, 2015. The changes come with the addition of Va. Code § 8.01-66.1:1, and with amendments to Va. Code § 38.2-2206. The major impact of these changes is that they shift the burden of defending a suit to the underinsured motorist […]