Third Circuit Limits Scope on Federal Preemption in Aviation Cases
The Third Circuit's 1999 decision in <I>Abdullah v. American Airlines</I> dropped a bombshell with its sweeping declaration that the Federal Aviation Act and its regulations preempt the "entire field" of air safety. Earlier this year, however, the Third Circuit sharply limited the scope of <I>Abdullah's</I> field preemption ruling, holding that it does not extend to state product liability claims.
Driverless Cars
Autonomous vehicles, or self-driving cars, are close to becoming an everyday reality, whether you like it or not. This article is a study of benefits and concerns from a product liability point of view.
Business Triage
There is a whole host of issues and concerns in each matter involving a troubled company. What is the best way to evaluate a company's chance of survival? Perform an assessment of issues that can help determine if a company will survive, and considering additional factors that can influence a company's chances.
The Internet of Things
The buzz phrase "Internet of Things" is seemingly everywhere. What is it, what can it do for us, and what concerns does it present? More specifically, while the Internet of Things ("IoT," for short) presents tremendous opportunities for businesses, are there corresponding risks, or elements of the IoT that businesses should consider staying away from?
Additional Insured Form Undergoes Change
Transactional attorneys involved in negotiating commercial leases, construction contracts, or any contract in which one party requires the other party to provide insurance against personal injury or property damage should have a good understanding of the new "additional insured" form endorsement to a Commercial General Liability (CGL) insurance policy.
Electronic Discovery: A Level Playing Field?
Courts have sanctioned corporate defendants for years for failure to produce or preserve electronically stored information (ESI). There have been, however, a few decisions in which courts have imposed sanctions or other penalties on plaintiffs who destroyed ESI. The misconduct giving rise to sanctions has varied from fraud and bad faith to inadvertence.
Case Notes
Discussion of a case in which the plaintiff alleged he was injured, while working as a baker, by a machine sold by the defendant distributor.
'Consent to Assignment' Clauses
Last month, in Part One of this article, we discussed the fact that most insurance policies contain anti-assignment provisions, purporting to prohibit the assignment of interests in the policy without the insurer's consent. Insurers rarely offer their consent to assignments. The discussion concludes herein.
