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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, 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.

IAAI - ITC 2015

IAAI President Peter Mansi welcomed everyone to the International Association of Arson Investigators 66th International Training Conference in Chicago, Illinois this past week, May 18th – 22nd.  Around 600 attendees were on hand for a great schedule of classes during the week.  Approximately 40 of those attendees were from Central America countries requiring translation throughout the week.  CCAI Director Robert Rullan gave a presentation on “CSI” as part of the training as well as assisting with the translation needs of the students.  

On opening day, CCAI’s 1st VP, Dale Feb, taught a four-hour class titled “Hearth Products Ignition Source or First Fuel Ignited”.  CCAI Member Steve Carmen taught two two-hour classes; “Math for Fire Investigators” and “Elevated Fire Origin Research”.  CCAI Member John DeHaan joined up with Instructors Chris Connealy and Kelly Kistner in presenting “Arson Convictions:  Reviewing the Science – The Texas Experience”.  Jamie and Cameron Novak were on hand to set things on fire in "Burn to Learn".  Rounding out the week was Mike Bryant teaching "Investigative Interviewing for Fire Investigations. Many other instructors joined in the training and in all, four separate tracks of education were presented throughout the weeklong conference.

CCAI President Eric Emmanuel represented the CCAI Chapter at the “Presidents Reception” on Sunday night, again during “Opening Ceremonies” on Monday Morning, at the “Chapters Presidents Luncheon” on Tuesday, during the IAAI “Annual General Meeting” on Tuesday afternoon and at the “Awards and Installation Banquet” on Tuesday night.  He was seen throughout the week engaging different individuals in conversations and promoting CCAI.

IAAI hosted a Vendor Room where approximately 30 different companies set up display booths and provided valuable information to the attendees.  A very active Spousal Program visited some of the many sights and attractions that Chicago has to offer.  Monday was spent at the Local Boutiques and Hummel Museum.  On Tuesday, the highlight of the week, they visited the Chicago Fire Academy and Fire Museum.  Wednesday and Thursday were spent exploring many of the hot spots around the “Windy City” including the Navy Pier, Sky Deck Chicago, Millennium Park and the Cloud Gate Sculpture, Art Institute Museum, Field Museum of Natural History, Museum of Contemporary Art, Shedd Aquarium and Adler Planetarium.  The week included lunches at the Hard Rock Café, Rainforest Café, and many of Chicago’s authentic hot dog and pizza restaurants.  Before departure on Friday, the group held a farewell breakfast at the hotel.  Approximately 28 people participated in the Spousal Program.

During the IAAI “Annual General Meeting”, elections were held.  Dan Heenan (Nevada) was sworn in as President, George Codding (Colorado) was sworn in as 1st VP and Scott Bennett (Ohio) was elected as 2nd VP.  Darrell Sanders (Louisiana), William T. Moreland (Florida) and Kevin Crawford (Colorado), Chris Van Vleet (Kansas) were elected to the serve three-year terms on the IAAI Board of Directors.  Joe Sesniak (Arizona) was elected to serve a three-year term on the IAAI Foundation Board of Directors, and David Snead (Texas) was reelected as president of the Foundation.  Immediately following the election, nominations were opened for 2016.  CCAI Board Member Robert Rullan was nominated to run for a Director Position next year.

CCAI members Troy Morrison, Jim Allen, Kathryn Varner, Don Perkins, Dennis Fields, Bill Kilpatrick and his wife Debbie, Tom Fee and others made a great showing for California Chapter 22.

Superior Court of Arizona Maricopa County - Under Advisement Ruling

UNDER ADVISEMENT RULING

The Court has had under advisement Plaintiff Barbara A. Sloan’s (“Sloan”) Rule 60 Motion.  Having read and considered the briefing and having heard oral argument, the Court issues the following ruling.

Ruling Document 

CoScentrix Expands Recall of DD Brand Candles; Exclusively at Hobby Lobby

Description

This recall involves four types of DD branded single-wick candles: Mason jars in 5- and 12- ounce sizes, decorative jars in 10- and 20-ounce sizes, 13-ounce coffee tins and 13-ounce jars with a holiday theme. The candles were sold in a variety of fragrances and colors.

The 5-ounce Mason jars are 2.25 inches wide by 3.75 inches high. The 12-ounce Mason jars are 3 inches wide by 5 inches high. The jars have gray metal lids. The DD logo and the word Handcrafted are in raised letters on the front of the jars. The candle fragrance and size are printed on a hang tang attached to the mouth of the jars.

The 10-ounce decorative jars are 4 inches wide by 3 inches high. The 20-ounce decorative jars are 5 inches wide by 4 inches high and hold a candle. The jars have gray metal lids with the DD logo in raised letters on the top. The candle fragrance and size are printed on a rectangular label on the front of the jar.

The 13-ounce coffee tins are 3.5 inches wide by 4 inches high and have a silver metal lid. The candle size and fragrance are printed on a label that wraps around the outside of the tin.

The 13-ounce holiday candle jars are 3.75 inches wide by 4 inches high and have silver metal lids with the DD logo in raised letters on the top.  The DD logo inside a floral wreath, the fragrance and size are printed directly onto the front of the jar in silver.

See the full details at CPSC

NHTSA Recall - Sub-Woofer Electrical Short

Summary:

Toyota Motor Engineering & Manufacturing (Toyota) is recalling certain model year 2011-2012 Toyota Avalon vehicles manufactured February 9, 2010, to October 22, 2012.  In the affected vehicles, the sub-woofer speaker located in the trunk may experience an intermittent electrical short which may cause damage to the integrated circuit (IC) in the audio amplifier.  In some cases, the damaged IC may allow a constant electrical current flow to the sub-woofer.

See the full details at NHTSA

NHTSA Recall - Exhaust Pipe Leak may Result in Fire

Summary:

Nova Bus (Nova) is recalling certain model year 2007 LFS transit buses manufactured January 1, 2007, to December 31, 2007. In the affected vehicles, the band clamp on the flex pipe between the turbocharger and the diesel particulate filter may be incorrectly located allowing the exhaust pipe to leak hot exhaust gases onto nearby components.

See full details at NHTSA

More Articles...

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