Yesterday, July 25th, the U.S. House of Representatives passed the “Countering America’s Adversaries Through Sanctions Act” by a vote of 419-3. The bill originated as an act in the Senate which was focused on Iran. In response to Russian meddling in the U.S. election, the Senate expanded that bill to include additional sanctions against Russia, codify various Russia-Ukraine sanctions promulgated by the Obama Administration into law and add procedural provisions to delay or prevent any efforts by the Trump Administration to relax those codified Obama Administration sanctions. The Senate passed their revised version of this legislation last month by a vote of 98-2. For more information on the Senate’s earlier approval, please see our post on June 16th.
Legislative & Judicial Updates
Product Liability Monitor – July 14, 2017
| July 14, 2017 |
| New Developments |
| Rats! Eco-Friendly Soy-Based Insulation Could Spell Trouble Down the Road By Sarah Rashid A new “eco-friendly” biodegradable material used to insulate wiring in newer cars could make for trouble — and lawsuits — down the road for car manufacturers. This insulation is made from soybeans, making it more environmentally friendly |
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U.S. Supreme Court Narrows Scope of Personal Jurisdiction
The United States Supreme Court recently narrowed the scope of both specific and general jurisdiction in two seminal cases, Bristol-Myers Squib Co. v. Superior Court of California, San Francisco County, 137 S.Ct. 1773 (2017) and BNSF Railway Co. v. Tyrrell, 137 S.Ct 1549 (2017).
Tariff Reform: FMC Taking Aim
July 5 is the deadline to submit comments in response to the Federal Maritime Commission’s Notice of Inquiry seeking guidance on maritime regulations that should be modified or eliminated. As noted in our previous post, within the NOI the FMC specifically identifies the regulations which impose tariff publication requirements (46 C.F.R. §520) as a target for deregulation.
Coupled with recent comments by Acting FMC Chairman Michael Khouri acknowledging the lack of purpose in tariff publication, it appears that tariff publication requirements may be coming to an end:
The Federal Maritime Commission Authorization Act of 2017: A Death Knell for Tariffs and Closer Carrier Scrutiny?
Current bills (HR 2593, S. 1119) authorizing appropriations for the Federal Maritime Commission contain substantive terms which seem to forecast the path the regulatory agency is taking with respect to both tariff requirements and regulation of ocean transportation intermediaries.
Tariff References
The bills address some meaningful changes to the current antiquated tariff system. Combined with the FMC’s new Regulatory Reform Task Force, and the corresponding Notice of Inquiry issued by the FMC seeking specifics from the shipping public for deregulation, it appears the FMC may be taking a clear stance on tariffs. Acting Chairman of the Federal Maritime Commission, Michael Khouri, has made several public statements which confirm the conclusion that tariffs have no place in the current ocean transportation marketplace.
Senate Passes Potential Russian Sanctions Bill
On Thursday, June 15, 2017, by a vote of 98-2, the U.S. Senate overwhelmingly passed a bill that would potentially impose additional sanctions against Russia and give Congress the power to delay and/or prevent any action by President Trump to lift or relax sanctions against Russia. Tentatively titled the “Countering Russian Influence in Europe and Eurasia Act of 2017” (“CRIEEA”), the bill must now proceed to the U.S. House of Representatives for further deliberation and approval.
Product Liability Monitor – June 9, 2017
| June 9, 2017 |
| New Developments |
| Lung Cancer Without Asbestosis? The Effects of Smoking By Mark Zellmer In the medical and scientific literature, a finding of asbestosis is clear evidence that asbestos at least contributed to cause a person’s lung cancer. Many medical experts regard a finding of asbestosis as essential to any finding that asbestos |
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Missouri Minimum Wage Update
On May 12, 2017, the Missouri Legislature passed a bill prohibiting any political subdivision from enforcing or enacting a local minimum wage ordinance. The bill, unless vetoed, will take effect August 28, 2017, and will pre-empt the current minimum wage ordinances in St. Louis and Kansas City.
Employers in St. Louis and Kansas City should…
Product Liability Monitor – May 10, 2017
| May 10, 2017 |
| New Developments |
| Discovery Sanctions Sanctioned By Alan Hoffman On April 18, 2017 the United States Supreme Court did something unusual: it decided a discovery issue. In Goodyear Tire & Rubber Co. v. Haeger (2017), it reversed a $2.7 million sanctions order for bad faith discovery misconduct. And in Sec. Nat’l Bank |
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Product Liability Monitor – April 10, 2017
| April 10, 2017 |
| New Developments |
| I Like It, But Do I Trust It? Drivers Weigh In on Autonomous Vehicle Technology By Shannon Peters The American Automobile Association (AAA) recently released the results of a survey of American drivers which yielded an interesting conclusion: Americans want autonomous vehicle (AV) technologies in their next vehicle, but they |
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