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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.

CCAI-CFI-header1

The California Conference of Arson Investigators has patterned its CFI certification program after the State of California’s certification program with two major differences: 1) The CCAI – CFI program requires the applicant must stand for a written exam and 2) the CCAI-CFI certification requires participation in continued professional training.  To keep the certificate valid, a CCAI Certified Fire Investigator must attend 30 hours of approved tested training, or 40 hours of CCAI approved non-tested training or a combination of 40 hours tested and non-tested training every three years, from the date his or her certificate was issued.  The hourly training requirement can easily be met by attending two 20-hour CCAI training seminar’s within the three-year period.

To apply, a person does not have to be a member of CCAI; however it is strongly encouraged that everyone in the field of fire investigation belongs to the California Conference of Arson Investigators, the leading organization for training in fire and arson investigations in California.

To qualify, applicants must submit certificates of training showing that they have completed Fire Investigation 1A, 1B, 2A, 2B and PC 832 or its equivalent.  If you already possess a Level II Fire Investigation Certification from the State of California, a copy of your certification certificate showing Level II will suffice to validate that you have met the training requirements mentioned above.

Applicants must also validate that they have had the overall responsibility of, and have investigated, 150 fires to determine fire origin and separately to determine fire cause.  They must also substantiate that they have testified twice, in court or in deposition (not in the same case), under oath, pertaining to the origin and cause of fires or in the field of explosions.  The testimony can be criminal, civil or from deposition but must be directly related to fire origin and fire cause or origin and cause in an explosion incident.  In lieu of actual court related testimony, the applicant may complete any one of the below listed courses.

The following courses/classes will meet or substitute for the criteria of the court room requirements:

  1. The Bureau of Alcohol, Tobacco, Firearms and Explosives (BATF & E)  course on "Advanced Origin And Cause, Courtroom Techniques"
  2. The National Fire Academy (NFA) " course on Interview/Interrogation & Courtroom Techniques"
  3. The International Association of Arson Investigators (IAAI) " Expert Witness Courtroom Testimony  (Expert Witness Testimony Class offered by CCAI)

 

The question has risen, “If an investigator possesses a California State Fire Investigator II Certification, why would he/she have to verify again that he/she has investigated 150 fires and testified twice in court?”  It is the CCAI Board of Directors’ position that, if CCAI is going to certify an investigator, the person’s qualifications must be independently validated by CCAI using documents and under oath statements.

The initial application fee, if you are a CCAI member, is $300.00 and the certification is validated for three years.  Renewal of the CCAI-CFI certification, if you are a CCAI member, is $140.00 every three years.  If you are not a member of CCAI, the initial application fee is $300.00 and renewal is $240.00 every three years.

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