Showing 3 posts by Laura J. Henneman.
In an effort to combat the COVID-19 pandemic President Donald Trump has invoked the Defense Production Act (“DPA”), specifically ordering General Motors (“GM”) to manufacture ventilators. Of course, GM does not normally produce ventilators. Just this week the President, threatening to invoke the DPA, reached an agreement with 3M Company as to where and to whom it would deliver its protective face masks. As the number of diagnosed cases and deaths increase in the United States, it is likely that other companies will be under executive orders to produce products outside their areas of expertise. The DPA is a powerful law that was written in the spirit of the industrial mobilization that the United States implemented during World War II and could very well help to carry us through this pandemic. But what will happen if one of GM’s ventilators contains a manufacturing defect? What if a drug or medical device company under executive orders produces a product that harms a patient, medical treater, or someone else? Can those companies be subject to liability? The answer lies in the interplay between the DPA and the Public Readiness and Emergency Preparedness (“PREP”) Act. More »
Seventh Circuit Appellate Briefs Filed in Southwest Airlines Biometric Case Involving Collective Bargaining Agreements
On April 18th, Southwest Airlines Co. filed a response brief with the Seventh Circuit Court of Appeals in the Jennifer Miller, et al. v. Southwest Airlines Co. matter (Court No. 18-3476).
The suit involves allegations by the Miller Plaintiffs, ramp workers or operations agents for Southwest at Chicago Midway International Airport, that in 2006 Southwest began scanning employees’ fingerprints for the employees to sign in and out of work. The fingerprints were used as part of a time clock system that tracks employees’ attendance. According to the employees, Southwest did not ask their permission to collect their finger prints or publish a policy regarding the fingerprint collection. The workers alleged that the airline never got their permission to transmit the information to the time clock software program and did not tell employees what happened to their fingerprint data upon an employee leaving the company. More »
Last Friday, a “50-State” complaint was filed against credit reporting giant Equifax concerning an extensive data breach that occurred earlier this year, and which exposed the personal identification and financial information of more than 145 million Americans. This summer, hackers took advantage of a flaw in a software tool utilized by Equifax, and obtained enormous amounts of sensitive customer data. The company has since admitted that it knew about this flaw at least two months before the breach occurred, and at least three months before it alerted consumers of the breach. The lawsuit contends that Equifax failed to improve data safeguards while expanding into new business areas. The lawsuit also alleges that Equifax mishandled its response to the breach, and alleges violation of breach notification laws in states throughout the country. Plaintiffs’ class-action lawsuit seeks recovery of millions of dollars in compensatory damages, as well as punitive damages, disgorgement of profits and attorneys’ fees. More »
- Now That Vaccine Distribution Has Begun, What Issues Do Employers Face?
- Immunity From Liability For Healthcare Facilities and Healthcare Professionals in the Continuing Battle Against the Covid-19 Pandemic
- A National Approach to Biometric Privacy
- Illinois Appellate Court Says the Learned Intermediary Doctrine Does Not Shield a Device Manufacturer from Liability When a Doctor is Deceived About a Device’s Prior Testing and Suitability
- Remote Jury Selection by Video Conferencing
- Illinois Appellate Court Eliminates Key Defense to BIPA Claims
- What is Amy Coney Barrett’s Record on Federal Preemption and What Does it Mean for Future SCOTUS Rulings in Drug and Medical Device Litigation?
- COVID Delivers Fraud to the Trucking Industry
- The Application of the Doctrine of Collateral Estoppel to Bar Legal Malpractice Claims Following Allegations of Ineffective Assistance of Counsel
- Prefabricated Construction Liability
- Professional Liability
- Class Action
- Insurance & Reinsurance Litigation & Counseling
- Complex Commercial Litigation
- Insurance Coverage
- Cyber Risk & Liability
- Toxic Tort
- Professional Development
- Social Media & Privacy
- Employment Litigation & Counseling
- Construction Litigation & Counseling
- Workers' Compensation
- Product Liability
- Discrimination, Harassment & Hostile Workplace Claims
- Pharmaceutical & Medical Device Litigation
- Medical Negligence & Healthcare Liability