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Subrogation & Recovery Law Blog Posted on March 15, 2016 by Michael Melusky--Cozen and O'Connor 

In a recent decision, the Court of Special Appeals of Maryland considered an issue of first impression regarding the doctrine of spoliation. Maryland appellate courts had “not established how to apply the spoliation doctrine in the context of a situation” “where the physical object . . . that was destroyed [was] itself the subject of the case.” Cumberland Ins. Grp. v. Delmarva Power, No. 72, 2016 Md. App. LEXIS 12, at *10 (Md. Ct. Spec. App. Feb. 1, 2016). The court held that “it is appropriate to balance the degree of fault . . . on the part of the spoliator, on the one hand, with the level of prejudice that injures to the defense because the evidence has been destroyed on the other.” Id. at 11. The court explained that if this balance favors imposing a sanction, “the question then becomes what remedy is appropriate and whether a remedy less drastic then dismissal can cure the prejudice to the defendant.” Id.

 

CCAI was recently contacted by CBS (San Francisco) News Investigative Reporter, Julie Watts, regarding fire retardant chemicals in child car seats, and was looking for footage of burning vehicles. We were happy to help.

SAN FRANCISCO (KPIX 5) — Car seats are the only consumer product that parents are legally required to purchase in every state, though they are also commonly used outside of the car as strollers seats, swing inserts and as a place for babies to sleep inside the home.

A recent KPIX investigation repeatedly uncovered concerning, even cancer-causing, chemicals in a majority of the car seats tested. Then, using biomonitoring, we linked high levels of cancer-causing flame retardants in a child’s body to the flame retardants in her car seat.

The alleged culprit: the National Highway Traffic Safety Administration’s (NHTSA) 44-year old Federal Motor Vehicle Flammability Standard, FMVSS No. 302.

Click here for the video

Click on the link to see the full investigation.

Toxic Safety: Investigating Car Seat Chemicals

From Out of the Abyss

This weeks article is written by Dr. Ruth Alexander.  It is from the May 1956 VOL II No.4 issue ofthe California Conference of Arson Investigators' newsletter.

Our America: Treatment "Coddles" Juvenile Delinquents 

 

Description

This recall involves clear acrylic Hanukkah menorahs in a pyramid design that are 10.5 inches long, 1.2 inches wide and 2.3 inches high. Model number 240-14-0169 and bar code can be found on a round white label on the side of the menorah.

Get all the details at CPSC.

article found at KXAN.com -Leslie Rhode/KXAN News Special Contributor photo by Rimkus Consulting Group, Inc.


AUSTIN (KXAN) — When you have three small boys running around your house, you also have a slew of electronic toys and gadgets that come along with it. To make sure she was always prepared for long road trips and car pools, Jennifer Buaas kept extra AA and AAA batteries in her vehicle, just in case one of her boys needed to power one of their toys. 

 Early Halloween morning, Jennifer heard a car horn going off in her driveway.

“My husband grabbed the keys, went to the garage, opened the garage door and the Suburban was completely on fire,” said Jennifer.

Read more...

 

Description

This recall involves Bosch 1380 Slim small, 4.5-inch angle grinders with date codes 502 through 511. The model number and date codes are located on the name plate affixed to the underside of the grinder. The grinders are blue and silver with a black label and black and red control buttons. “BOSCH” is printed in red on the side of the product.

See full details at CPSC.

Alaska Airlines Passenger's Phone Catches Fire Mid-Flight

iphonefireThis is not a recall (yet).

An Alaska Airlines passenger's phone burst into flames on a flight en route to Hawaii, and the airline and the FAA say they are investigating.

See the news video and full article here.

Home / Recalls / 2016 277 Illume Recalls Valentine’s Day-Themed Ceramic Mugs

Love Today MugDescription

This recall involves 14 ounce, white ceramic coffee mugs with “Love Today” printed in gold metallic on the outside of mug. “Microwave Safe” and “Illume” are printed on a removable label on the bottom of the mug.


Read all the details at CPSC

Toshiba issues big recall for laptop batteries over fire fears

54 models affected.

Toshiba issues big recall for laptop batteries over fire fearsToshiba has issued a recall for Li-Ion battery packs sold with certain models of its laptops and notebooks due a risk of the device catching fire.

Click here to read the article




Fuel Delivery Line Corrosion may Cause Fuel Leak

SUMMARY:

Suzuki Motor of America, Inc. (Suzuki) is recalling certain model year 2013 Suzuki SFV650 motorcycles manufactured March 23, 2013, to April 8, 2013, 2014 Suzuki SFV650 motorcycles manufactured October 24, 2013, to November 26, 2013 and 2015 Suzuki SFV650 motorcycles manufactured August 9, 2014, to September 12, 2014. During assembly of the motorcycle, the fuel tank breather hose may have not been positioned properly and may become kinked. 

CONSEQUENCE:

If the fuel tank breather hose is kinked, pressure may build inside the fuel tank and cause the tank to crack, resulting in a fuel leak, increasing the risk of a fire.

Go to NHTSA for more details

"Burn to Learn"

 

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Save the Dates – – –

 

CCAI will be presenting another in its series of “BURN TO LEARN” training seminars on March 7 through 9, 2016 in San Luis Obispo.  Don’t miss out!

Live burns and various tests will expand your knowledge on a variety of burn patterns so that you may confidently explain them in the courtroom.

Whether you’re just starting to build your CV or just keeping it polished, you need to attend this conference!


or
Sign into the Members only area and sign up and pay there.


In order to get the discounted conference room rate, you MUST make your hotel reservation by the 25th of February.

Call Embassy Suites at 805-547-6417 or 805-549-0800 to make yours TODAY.

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