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Uncertainty in Admissibility of Comparative Product Evidence Under CA Law
In Buell-Wilson v. Ford Motor Company (2006) 141 Cal.App.525 [Buell-Wilson (I)], the California Court of Appeal, Fourth District, held that, in a strict automotive product liability case, a “manufacturer cannot defend a product liability action with evidence it met its industry's customs or standards on safety.” In particular, the court of appeal opinion categorically precludes a manufacturer from proving by statistical evidence that its vehicle performs more safely than its peers, concluding that statistical comparative-safety evidence is inadmissible industry custom and practice.
While Buell-Wilson (I) deals with exclusion of comparative rollover data for automobiles in California, the case is being cited by other jurisdictions, for other products, as a wholesale prohibition against the introduction of any comparative data or any industry customs or standards. Buell-Wilson (I)'s continued precedential viability is in doubt, but that does not stop plaintiffs in product liability actions from basing exclusionary motions upon it, seeking exclusion of highly relevant evidence, such as: compliance with federal regulations (i.e., FMVSS); state of the art at the time of manufacture; non-statistical comparative performance evidence; general comparative injury evidence; compliance with company practices or standards in the industry; comparative statistics; any comparison to other products; and any analysis of how safely other vehicles produced by other manufacturers perform in comparison.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.