Tesla recently recalled over 2 million cars in the U.S. following a two-year investigation by the National Highway Traffic Safety Administration (NHTSA) prompted by a series of crashes involving Tesla cars using the Autopilot feature. In response, Tesla released a software update in December for cars equipped with the system,…
Articles Posted in Federal Legislation
Investigations, Lawsuits Target Alleged Abuse by Border Patrol Agents
A series of investigations and lawsuits seek to shed light on shootings by agents of U.S. Customs and Border Protection (CBP), the agency which includes the U.S. Border Patrol (BP), involving Mexican nationals located across the border on Mexican territory. Asserting civil claims over these incidents has proven difficult, both…
New Federal Regulations Will Require Backup Cameras in All Motor Vehicles Within Four Years
The National Highway Traffic Safety Administration (NHTSA) recently issued a new regulation that will require all vehicles under 10,000 pounds to have backup cameras by 2018. A lack of rear visibility causes a substantial number of pedestrian injuries and deaths every year. Children face a greater risk, simply because they…
Department of Transportation Issues Emergency Orders on Railroad Safety After Multiple Accidents
The U.S. Department of Transportation (DOT) recently reached an agreement with railroad companies regarding safety measures for the transportation of crude oil by train, often known simply as “crude-by-rail.” Multiple recent rail accidents have led to concerns about the safety of crude oil obtained from areas of North Dakota, Montana,…
DC Appellate Court Affirms that OSHA’s Hazardous Material Regulations Do Not Preempt Personal Injury Claims Under State Law
The D.C. Circuit Court of Appeals rejected a challenge by the American Tort Reform Association (ATRA) to recent changes made to a federal regulation affecting hazardous materials. The Occupational Safety and Health Administration (OSHA) amended its hazard communication (HazCom) standard in March 2012. ATRA claimed that OSHA overstepped its authority,…
Federal Government Sues Contractors in Washington DC Court Over Allegedly Defective Material Used in Body Armor
A whistleblower lawsuit accuses several government contractors of providing material used in bulletproof vests to law enforcement agencies around the country, despite allegedly knowing about defects in the material that caused it to degrade over time and offer reduced protection. The federal government intervened in the lawsuit, and recently obtained…
Parents Call for Passage of Federal Rear View Camera Law
This week a group of parents spent time in Washington, D.C., urging lawmakers to act on a law, initially introduced some five years ago, which is aimed at preventing tragic accidents by requiring rear view cameras on cars. It has been estimated that over 1,500 kids have been killed as…
Federal Government Reports on Improvements to Approval Process for Medical Devices
The Center for Devices and Radiological Health (CDRH) issued a report in November 2012 on improvements to its review and approval procedures for new medical devices. As part of the U.S. Food and Drug Administration (FDA), the CDRH is responsible for medical device safety and quality. The FDA defines “medical…
Energy Drink Maker Faces Lawsuits and Congressional Scrutiny After Multiple Reports of Deaths
Living Essentials, LLC, the Michigan-based manufacturer of the drink marketed as 5-Hour Energy, currently faces lawsuits around the country blaming the drink’s high caffeine content for multiple injuries and deaths, or alleging that the company makes false statements regarding the drink’s contents or benefits. A nonprofit health organization recently accused…
Wrongful Death Lawsuit Seeks to Hold Truck Driver Liable for Hours-of-Service Violations
We previously discussed a Nebraska lawsuit that invoked a statute allowing wrongful death claims on behalf of unborn children. The case involved a truck accident that took the lives of a family and their unborn child. The lawsuit, Baumann v. Slezak, et al, also invoked Federal Motor Carrier Safety Administration…