Scrap the AI Loophole for Housing Discrimination Lawsuits

Housing discrimination lawsuits are about to become much harder to prove. Imagine if the auto industry successfully lobbied lawmakers to give them a complete defense from product defect liability if their cars were made by complicated, but increasingly commonly used, industrial robots. Alternatively, imagine that the law didn’t go quite so far, but instead provided two escape valves from product defect lawsuits. The first escape valve exempts the carmaker from lawsuits for defects like random Continue Reading →

Law and the Problem of Autonomous Cars

Fully autonomous vehicles will be in the hands of consumers in the near future.[1] Technology companies and car manufacturers have moved beyond small features like autonomous braking and autonomous lane assist, to fully workable cars that drive themselves with little human oversight. While the safety of the cars is largely uncertain, some initial reports bode well. Google’s self-driving vehicles have logged around 1.8 million miles on the road since 2009 and have been in only Continue Reading →

Current Trends in Tort Reform and Pharmaceuticals Manufacturers’ Liability: Michigan’s Combination Product Exception

Pharmaceuticals Litigation Overview Pharmaceuticals litigation is usually expensive, lengthy, and sensitive. Over the past thirteen years, pharmaceutical companies have paid billions of dollars to settle U.S. federal lawsuits alone. In particular, litigation under products liability doctrine have accounted for the majority of settlements per dollar from January 2009 to May 2011, totaling $8.6 billion. Although many of these cases were brought by enforcement agencies such as the Department of Justice, class action lawsuits are increasingly Continue Reading →

Balancing the Risk in Medical Products

The New York Times recently reported a dramatic increase in complaints regarding artificial hips, widely used in hip replacements. The culprit is the metal-on-metal hip implant, used in an estimated one-third of hip replacements. Serious injuries result from the deterioration of the artificial hip, which often causes fragments to break off while in the body.  The Food and Drug Administration (F.D.A.), the agency receiving the complaints, is responsible for allowing the device to enter the Continue Reading →