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This notice describes the reasons for denying a petition (DP10-002) submitted to NHTSA under 49 U.S.C. Subtitle B, Chapter V, Part 552, Subpart A, requesting that the agency conduct ``an investigation of defective products manufactured by Dayton Wheel Concepts, Inc. (`Dayton Wheel' and American Wire Wheel, LLC (`American Wheel').'' The petition listed the allegedly defective products and the alleged defect (which varied by allegedly defective product).
Professional services exclusion defining engineering or design services as a professional service in a general business insurance policy will exclude coverage for claims sounding in strict liability for damages arising from the defective design of a product, even if the claims would have otherwise been covered by the policys products-completed operations coverage.
State law does not recognize an exception to the economic loss doctrine for the product itself when a defect renders it unreasonably dangerous and causes damage by means of a sudden, calamitous event, the Tennessee Supreme Court has ruled in answering a certified question. A bus caught fire due to an alleged engine defect, but did not cause personal injury or damage to any property other than the bus itself.
Plaintiffs and their attorneys often talk when they file a product liability case about the need to hold a company accountable for a defective product. They yearn for a highly publicized trial and a big verdict that they hope will, from their perspective, punish a business for being careless or putting profits ahead of safety. But a recent settlement illustrates that no matter how big or notable a verdict might be, it doesn't guarantee that change will follow.
The U.S. Senate is scheduled to vote today on a motion to proceed to debate on the annual defense authorization bill. Normally, such a step is a routine, mechanical one. In this case, though, it is one of the most important national security votes of the year - and will be scored as such by the Center for Security Policy and a number of other organizations in their annual legislative scorecards. As a proud alumnus of the staff of the Senate Armed Services Committee, I am pained to say that the Senate should not consider this seriously defective product of that panel's deliberations. No Republican or Democrat who cares about national security should vote for this motion.
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