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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.

HR 549: National Bombing Prevention Act of 2009

Introduced by Representative Peter T. King

January 15, 2009

The following is from the Library of Congress - Thomas

National Bombing Prevention Act of 2009 - Amends the Homeland Security Act of 2002 to direct the Secretary of Homeland Security to establish an Office for Bombing Prevention within the Department of Homeland Security's (DHS) Protective Security Coordination Division of the Office of Infrastructure Protection. Assigns the Office primary responsibility for enhancing the ability and coordinating the efforts of the nation to deter, detect, prevent, protect against, and respond to terrorist explosive attacks in the United States.

Directs the Secretary to partner with other federal, state, local, and tribal agencies, nonprofit organizations, universities, and the private sector to: (1) develop a pilot program that includes a domestic breeding program for explosives detection canines; (2) increase the number of capability assessments of explosives detection canine units; (3) continue development of a scientifically-based training curriculum to enhance consensus-based national training and certification standards to provide for the effective use of explosives detection canines; and (4) continue engagement in explosives detection canine research and development activities through partnerships with the Science and Technology Directorate and the Technical Support Working Group.

Directs the Secretary to develop and periodically update a national strategy to prevent and prepare for terrorist explosive attacks in the United States.

Directs the Secretary, acting through the Under Secretary for Science and Technology, to: (1) ensure coordination and information sharing regarding nonmilitary research, development, testing, and evaluation activities relating to the detection and prevention of, protection against, and response to terrorist attacks in the United States using explosives or improvised explosive devices and the development of tools and technologies necessary to neutralize and disable explosive devices; (2) coordinate with relevant federal department heads to ensure that military policies, procedures, activities, tools, and technologies to prevent and respond to terrorist attacks are adapted to nonmilitary uses; (3) establish a technology transfer program to facilitate the identification, modification, and commercialization of technology and equipment for use by agencies, emergency response providers, and the private sector against such attacks; and (4) establish a working group to advise and assist in the identification of military technologies developed by the Department of Defense (DOD) or the private sector to protect against and respond to explosive attacks.

Amends the Implementing Recommendations of the 9/11 Commission Act of 2007 to direct the Comptroller General to utilize explosives detection canine teams of the Transportation Security Administration (TSA) and other DHS agencies to strengthen security and capacity.

Directs the Secretary to submit a report to specified congressional committees on the administration of canine procurement activities by DHS to deter, prevent, detect, and protect against terrorist explosive attacks in the United States that includes consideration of the feasibility of reducing the price paid for the procurement of untrained canines."

 

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