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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.

 

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, utilizing 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 full story.

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.

Back to Basics: The Fire Tetrahedron

How often have you heard the phrase “back to the basics”? It seems
as though every time you turn around you are being instructed to go
“back to the basics,” whether it’s with our children and their math
homework or it’s in the fire service with establishing a water supply,
advancing a hose line, or conducting ventilation. The “basics” are
those tasks that you need to complete first, and they must be completed
every time.

Coffee Break Training

How often have you heard the phrase “back to the basics”? It seems as though every time you turn around you are being instructed to go “back to the basics,” whether it’s with our children and their math homework or it’s in the fire service with establishing a water supply,advancing a hose line, or conducting ventilation. The “basics” are those tasks that you need to complete first, and they must be completed every time.

Read more... 

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