Suez Canal Reopens, but Delay Damages Still an Obstacle

Shippers whose cargoes have been delayed by the grounding of the container ship Ever Given will likely face obstacles in recovering damages caused by the delay. The Ever Given, which is one of the world’s largest container ships at over 400 meters in length, ran aground on March 23, 2021, while transiting northbound in the Suez Canal, completely blocking all traffic. The 120-year-old Suez Canal is one of the world’s most transited waterways, and the consequences of the multiday disruption to ocean carrier traffic will be felt by shippers and consumers alike. To minimize the impact of delays caused by the Ever Given, some vessel operators with ships waiting to enter the canal rerouted ships around the Horn of Africa, which increases their operating costs and adds considerable time to each voyage, while other vessel operators stayed put, hoping the Ever Given would be refloated quickly.

To read the full text of this Duane Morris Alert, please visit the firm website.

Walter Rand Transportation Center in New Jersey Receives $250M Redevelopment Funding

On February 17th, New Jersey Governor Murphy, Congressman Norcross, Senate President Sweeney and local and county officials announced $250 Million for the redevelopment of the Walter Rand Transportation Center (WRTC) in Camden, NJ. This will be the center’s first major renovation since opening in 1989.

To read the full text of this post by Duane Morris partner Brad Molotsky, please visit the Duane Morris Project Development/Infrastructure/P3 Blog.

Auto Industry Implications for 3D Printing

For as long as cars have existed, three fundamental truths appeared to be eternal. First, every car contains safety critical components, second these components are mostly metal and third, they are manufactured by one of two methods—stamping or cold forming. These eternal truths always led to an equally durable legal reality, that if the safety critical component fails the manufacturer will be liable to the injured party. It’s hard to think of a more trite and dependable set of principles. But these timeless precepts are about to become disrupted as the automotive industry continues to explore the innovation of 3D printing.

To read the full text of this article by Duane Morris partners Sean Burke and Alex Geisler, please visit the website.

NHTSA Paves the Way for Further Autonomous Vehicle Research on Public Roads

The National Highway Traffic Safety Administration (NHTSA) issued an interim final rule and request for comment on December 31, 2020, which establishes a program for manufacturers of domestically produced vehicles and equipment to become exempted from Federal Motor Vehicle Safety Standards for research, investigation, demonstrations or training involving nonconforming vehicles.

To read the full text of this Duane Morris Alert, please visit the firm website.

Avoiding Improper Use Of CARES Act Airport Grants

Like much of the transportation industry during the COVID-19 pandemic, America’s airports are experiencing significant losses in revenue. Airports Council International predicts that the U.S. airport industry will lose $23 billion as a result of COVID-19. Title XII of Division B of the Coronavirus Aid, Relief, and Economic Security, or CARES, Act addresses these significant economic disruptions by providing approximately $10 billion to U.S. airports “to prevent, prepare for, and respond to the impacts of the COVID-19 public health emergency.” The funding is somewhat discretionary, with a requirement that it be used for any purpose for which airport revenues may lawfully be used, so long as the use of funds is related to the airport,

To read the full text of this article by Duane Morris attorneys Alan C. Kessler, Jamie E. Brown and Rachel Kubasak, please visit the firm website.

USMCA Implementation Will Require Changes – Especially for the Automotive Industry

The U.S. Trade Representative recently notified Congress that Canada, Mexico and the United States have taken the necessary measures to comply with their commitments under the United States–Mexico‒Canada Agreement (USMCA), and that the agreement will enter into force on July 1, 2020. As discussed in this Alert, the USMCA, which will replace the North American Free Trade Agreement upon its implementation, will impose a wide range of new requirements. Companies operating in certain sectors of the economy, especially the motor vehicle industry, should strongly consider taking actions to prepare for and comply with these new requirements as soon as possible.

To read the full text of this Duane Morris Alert, please visit the firm website.

FAA Gives Details on $10 Billion in CARES Act Funds for Airports

On April 14, 2020, the Federal Aviation Administration (FAA) issued information regarding the application for and distribution of approximately $10 billion in relief funds to airports that fall within four categories under the Coronavirus Aid, Relief and Economic Security Act (CARES Act), signed into law on March 27, 2020.

To read the full text of this Duane Morris Alert, please visit the firm website.

U.S. D.O.T.’s NHTSA Proposes Easing Federal Safety Standards For Autonomous Vehicles

By Alyson Walker Lotman and Theresa A. Langschultz

The United States Department of Transportation’s National Highway Traffic Safety Administration issued a notice of proposed rule-making on March 17, 2020 designed to modernize federal safety standards on autonomous vehicles. The proposed rules are intended to pave the way for the future of autonomous vehicles by amending the Federal Motor Vehicle Safety Standards (FMVSS). Proposed changes include allowing autonomous vehicles – specifically, those designed solely to carry property and goods – to be built without “traditional manual controls” and protective safety features meant for humans. Continue reading “U.S. D.O.T.’s NHTSA Proposes Easing Federal Safety Standards For Autonomous Vehicles”

Third Circuit Weighs In On Strict Products Liability for Artificial Intelligence

By Matthew Decker

In Rodgers v. Christie, a recent non-precedential decision, the United States Court of Appeals for the Third Circuit examined whether traditional strict products liability doctrines apply to artificial intelligence-based software. 2020 WL 1079233 (3d Cir. Mar. 6, 2020). There, plaintiffs asserted claims under the New Jersey Products Liability Act (“PLA”), arising from the State’s Public Safety Assessment (“PSA”). Id. at *1. The PSA is a “data-based” risk assessment algorithm which provides quantitative scores and a “decision-making framework” to assist courts in “assess[ing] the risk that [a] criminal defendant will fail to appear for future court appearances or commit additional crimes and/or violent crimes if released.” See Roders v. Laura and John Arnold Foundation, 2019 WL 2429574, at *1 (D.N.J. June 11, 2019), aff’d sub nom. Roders v. Christie, 2020 WL 1079233. Plaintiffs’ strict products liability claims put the PSA at issue, claiming the algorithm had assigned an erroneously low score to a convicted felon, who allegedly murdered their son three days after he was released from detention on non-monetary conditions. 2020 WL 1079233, at *1. Continue reading “Third Circuit Weighs In On Strict Products Liability for Artificial Intelligence”