Law Offices of Gary Martin Hays & Associates
P.C.
75 Ponce De Leon Ave NE Ste 101
Atlanta,
GA 30308(470) 294-1674
www.garymartinhays.com
By Brian Baxter | August 10, 2017
Japanese auto parts giant Takata Corp., which followed its U.S. unit into a Delaware bankruptcy court this week, revealed in court documents that it is paying nearly $1 million per month in legal fees to an Am Law 100 firm advising it in product liability litigation over faulty air bags.
By therecorder | The Recorder | August 10, 2017
9th Cir.; 15-17328 The court of appeals affirmed a judgment. The court held that because a telemarketing company acts as an independent contractor for…
By Larry E. Coben | August 10, 2017
Automobile manufacturers are legally obligated to design, build and sell vehicles that are crashworthy, as in Gaudio v. Ford Motor, 926 A. 2d 524 (Pa. Super. 2009), appeal den., 989 A. 2d 917 (2010). Crashworthiness is the designed protection a vehicle affords occupants against injury or death in a collision, as in Harsh v. Petroll, 840 A.2d 404, 417-418 (Pa. Commwlth 2003). If a motorist or passenger is involved in a collision and she suffers enhanced injuries, the vehicle manufacturer will be liable for those injuries—if the producing harm was caused by a defective design, as in Hutchinson v. Penske Truck Leasing, 876 A. 2d 978 (Pa. Super. 2005), aff'd. 592 Pa. 38 (2007). Before the 2011 amendments to the Pennsylvania Comparative Negligence Act, the tortfeasor causing the accident and the tortfeasor-manufacturer whose product enhanced the injuries were jointly and severally liable. Thus, if a jury found the offending driver 80 percent liable and the vehicle's faulty design 20 percent liable (for the purpose of perfecting a claim for contribution) for the enhanced injury, the victim could recover the full amount of the verdict from either party. However, in 2011, the legislature altered the common law and passed 42 Pa. C. S. 7102 (a.1) and (a.2) to establish several liability based upon jury apportionment of each defendant's liability, 42 Pa. C. S. 7102 (a.3) allows for joint and several status of a defendant found "not less than 60 percent" liable. The question that has not been addressed in connection with the doctrine of crashworthiness is whether apportionment of liability is appropriate when the plaintiff's harm is divisible or indivisible? As set forth below, the most logical answer is: no.
By Commentary by Cecile S. Mendizabal and Lisette M. Alvarez | August 10, 2017
On July 1, Florida legislators enacted a new law, Florida Statute Section 627.748, imposing new insurance requirements for ridesharing companies; and, provides for new requirements for auto insurance coverage that affect TNCs and personal auto insurance companies. The statute provides up to $1 million in coverage for those involved in an accident. With such high coverage at stake, auto insurance companies may be exposed to a new wave of litigation, write Cecile S. Mendizabal and Lisette M. Alvarez.
By Scott Graham | August 9, 2017
U.S. Magistrate Judge Jacqueline Corley said Uber's selective waiver of attorney-client privilege for meetings involving Travis Kalanick and Uber litigation chief Angela Padilla was self-serving and implausible.
By dailyreportonline | Daily Report | August 9, 2017
The "apex doctrine" is another of those tools first created by the defense industry to stymie discovery of evidence.
By Katheryn Hayes Tucker | August 9, 2017
Attorneys Marc Wites and Harry Shevin win the award for the young daughter of a customer who was killed looking for a part at Rechtien International Trucks.
By P.J. D'Annunzio | August 8, 2017
Nissan joins four other automakers that have agreed to settle claims by owners of vehicles with faulty Takata air bags.
By Stephanie Forshee | August 8, 2017
Miguel Alexander Pozo, who recently left Mercedes-Benz USA for Duane Morris, shared some of his lessons from his time in the automotive company's legal department.
By Meredith Hobbs | August 7, 2017
Miguel Pozo, the head of litigation and deputy general counsel for Mercedes-Benz USA, has joined Duane Morris as a partner.
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