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Products Liability Archives

Product liability focus: SCOTUS lets lower-court's GM ruling stand

General Motors' executives and shareholders have been decidedly unhappy for over a week now, in the wake of a U.S. Supreme Court action that essentially crushed hopes that the behemoth automaker might escape future liability that could potentially cost the company a flatly astronomical amount of money.

Report: 2016 notably concerning year for defective kids' products

A 12% jump regarding select subject matter relating to America's children can be salutary, indeed, if it is linked with something like collectively improved test scores, an increased immunization rate, lower rates of family-based domestic violence or some other positive development.

Chrysler Customers Argue NY Jurisdiction is Appropriate

A putative class of Dodge and Chrysler owners have filed a complaint in New York against the car conglomerate, Fiat Chrysler or FCA US LLC ("FCA"), for allegedly hiding a tire defect in Chrysler Town and Country minivans, Dodge Grand Caravan minivans, and Jeep Liberty and Dodge Journey SUVs. However, FCA argued, in its motion to dismiss, that almost none of the named plaintiffs had bought their cars in New York. The one plaintiff who had purchased in New York was also involved in a similar suit that already surpassed dismissal, which caused him, FCA argued, to be a "fraudulent joinder." Therefore, FCA urged the court to dismiss the tire defect claims because New York was the inappropriate court for the plaintiffs to file their lawsuit.

Ford Faces Putative Class Action for Un-lockable Truck Doors

Ford Motor Co. ("Ford") has been served with a putative class action lawsuit because its F-150 pickup trucks are allegedly not meeting "Ford Tough" expectations. A New York state F-150 truck owner, Brandon Kommer ("Kommer"), claims his truck's doors fail to close and lock during below-freezing temperatures. With multiple nearly identical experiences of this issue published in online forums, Kommer brought forth his complaint on behalf of all New York owners or lessees of this vehicle model for the years 2015 through 2017.

For Volkswagen, the product liability woes continue

Truly, it must seem to global auto manufacturer Volkswagen that it is under a perpetual rain cloud. As noted in a recent article discussing just the latest of the German company's problems, Volkswagen's troubles "would appear to be endless."

Volkswagen Settles with Dealerships over Emissions Scandal for $1.6 Billion

Last October, we discussed Volkswagen's (the "Company") $14.7 billion settlement for car owners of VW and Audi 2-liter diesel vehicles that were affected by the emissions scandal. On January 23, 2017, the Company paid an additional $1.6 billion to resolve lawsuits filed by Volkswagen AG franchise dealerships ("Dealers").

Dehumidifier Recall Reannounced

The safety concerns related to a recalled product can end up sticking around long after the product is initially recalled. This is because dangerous products are sometimes still in people’s homes or on the secondary market long after they have been recalled. Sometimes, this leads to a recall being reannounced.

Volkswagen Settles Lawsuit Over Emissions Scandal

In 2008, Volkswagen began installing illegal engine control software in several of its Volkswagen and Audi models. The software recognized when the car was being tested for emissions, and increased the engine's emission controls in order to pass the inspection. However, during normal driving conditions, the software would shut down the vehicle's emission controls, resulting in the cars releasing 40 times as many pollutants, thus violating the Clean Air Act.