Assumption of Risk under the WPLA

Recovery under the WPLA requires proof that the unsafe product was the proximate cause of the claimant’s injuries. A plaintiff seeking to recover must also be aware of the common law defenses to what was the cause of injury because the WPLA does not preempt existing common law defenses, including assumption of risk. Although assumption


The Legal Ramifications of Self-Driving Cars Part Two: Liability

5/18/2015 As mentioned in my last post, Google has just launched the first self-driving car onto public roadways near its California headquarters. This comes after the company recently admitted to the vehicles being involved in 11 minor accidents, with no injuries and little damage during 6 years of testing. These revelations confirm many people’s concerns



Fiat Chrysler Wants New Trial in Remi Walden Case

  5/16/2015 Fiat Chrysler wants new trial in the case of Remi Walden, a four-year-old boy who died in flames after his parents’ Jeep was rear-ended. I wrote last month about the $150M verdict the jury delivered in this case. The Walden’s 1999 Jeep Grand Cherokee, with an improperly placed gas tank, was little Remi’s


TPP: Corporate Liability, Monsanto, and the Alien Tort Statute

5/15/2015 Now that the Trans-Pacific Partnership (TPP) has apparently survived a near coup d’etat led by Democratic Senators Harry Reid and Elizabeth Warren, pending a successful re-vote, the battle over the large-scale trade deal will soon be heading to the House of Representatives. The vote in the House may be even more troublesome for the


House Passes USA Freedom Act: all eyes on Senate’s McConnell

5/15/2015 Politics are getting a little weird these days. Fresh off of Tuesday’s stunning blockage and negotiated do-over on the Trans-Pacific Partnership (TPP), in which President Obama found himself supported by Republicans amid staunch opposition by his own party, the Republican-led House of Representatives overwhelmingly passed the USA Freedom Act by a 338-88 vote. The