Category: litigation

NHTSA Launches Quiet Campaign to Protect Industry

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WASHINGTON, D.C. – If you didn’t already know it was there, you might have missed it entirely in the 45-page proposal to upgrade the roof crush resistance standard: a one-sentence clause tucked in Part 13 amid federal boilerplate, indemnifying manufacturers who met the proposed standard from lawsuits alleging a defect.

Known as a preemption clause, NHTSA’s August 19 proposal was the second time in as many months the federal agency has wrapped civil justice reform and auto safety standards into one package that is rousing the ire of consumer advocates, plaintiffs’ attorneys, and those concerned about Federalism and cost of care transfer from the industry to the public sector. Continue reading →

Ford Continues Fight to Seal Volvo Roof Strength Documents

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Since Ford Motor Company purchased Volvo in 1999 and made the company a division of its Premier Auto Group, Ford has reaped significant profits from the Swedish automaker whose hallmark is safety. But, Ford is also inheriting a headache as Volvo’s position on important safety issues conflicts with those of it corporate parent-and these conflicts keep surfacing in the public despite Ford’s efforts to keep them secret. This conflict is playing out in litigation and in has seeped into the public in one of the most controversial areas of motor vehicle safety-occupant protection in rollover crashes. Continue reading →

“Aged” Tire Case Numbers Grow: Spares and Used tires Top the List

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Following Firestone, SRS began tracking cases involving “aged” tires-tires older than 6-years-that have failed catastrophically causing crashes. With more than 65 documented cases, several patterns are emerging. Nearly one-third of these cases involved spare tires, approximately one-third were tires purchased used. The remaining cases involve tires that were mounted on little-used sports cars, old stock sold as new, or their histories are unknown. What links all of these cases together is the fact that the tires have ample tread and appear safe when they are put into service. Continue reading →

District Court Rules “Regional Recalls” are Legal

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In response to a lawsuit filed by Center for Auto Safety and Public Citizen alleging NHTSA was illegally allowing regional recalls, U.S. District Court Judge Ellen Segal Huvelle, published an opinion finding that controversial practice is not in violation of the National Traffic and Motor Vehicle Safety Act or the Administrative Procedure Act (http://www.dcd.uscourts.gov/04-392a.pdf). The opinion also affirmed that the agency had the ability to exercise its discretion to determine whether regional recalls are appropriate. Regional recalls may include an entire state, counties within a state, or a cluster of states within a geographical region. The plaintiffs were seeking a declaration that the government’s role in regional recalls is unlawful. They were also seeking an order prohibiting the NHTSA from allowing automakers to conduct these types of recalls in the future. [Center for Auto Safety, Public Citizen v. National Highway Traffic Safety Administration, U.S. District Court for the District of Columbia, 04-392 (ESH)]. Continue reading →