Plaintiff’s Major Malfunction: Failure to Plead the “Malfunction Theory”

October 10, 2014

No direct evidence of a specific product defect? No problem. The “malfunction theory” allows a plaintiff to establish the existence of a product defect with circumstantial evidence supporting an inference that an unspecified defect must have caused the accident because all other possible causes are absent. Solves the problem, right? Roland White thought so. Unfortunately […]

Read the full article →

All Aboard! Government and Industry Groups Propose Complementary Standards For Crude Oil Transport

October 3, 2014

The regulation of transporting flammable liquids by rail has picked up steam in the past year thanks to the energy boom enabled by fracking, as companies are increasingly transporting crude oil via rail from remote fields in states such as North Dakota. According to the Pipeline and Hazardous Materials Safety Administration (PHMSA), the arm of […]

Read the full article →

Study Shows Water Use In “Fracking” Is Similar To Water Use In Conventional Oil Production

October 1, 2014

One of the many “hot button” issues surrounding the process of hydraulic fracturing, or “fracking,” is the amount of water used in the process of fracking a well.  This issue has been particularly controversial when the fracking occurs in areas encountering drought conditions.  My colleague, Thomas Goslin, recently wrote about the subject in an article titled “Nationwide ‘Water […]

Read the full article →

Coming Up at the Supreme Court

September 29, 2014

Though the October Term at the Supreme Court does not officially start until October 6, the Justices are meeting today at the “Long Conference” to consider the enormous quantity of motions and petitions that have been submitted to the Court.  One motion under consideration is petitioners’ motion to file Volume II of the joint appendix […]

Read the full article →

The Costs of Hiding Asbestos

September 23, 2014

Nearly thirty years after asbestos products were removed from the market, industrial manufacturers still face ongoing litigation for personal injuries resulting from this toxic substance.  Asbestos-related illness can be a major source of liability for any company connected to the historical manufacture or distribution of asbestos-contaning products, and it is common for parties to seek ways to limit their liability […]

Read the full article →