In Seventh Circuit Requires Full Daubert Hearing and Ruling Before District Court Rules on Class Certification, Michael Blankshain writes:

In American Honda Motor Co. v. Allen, the Seventh Circuit Court of Appeals held that when an expert’s opinion is critical to class certification, a district court must conclusively rule on any challenge to the expert’s qualifications or submissions, performing a full Daubert analysis if necessary, before ruling on a class certification motion. American Honda is the latest in a series of Seventh Circuit cases to emphasize the rigorous fact, and often merit-based analysis district courts must undertake before ruling on a class certification motion. It is also consistent with, and expands upon, the developing law in other circuits. See, e.g., In re Hydrogen Peroxide Antitrust Litig., 553 F.3d 305 (2d Cir. 2008) (vacating order granting class certification where district court did not adequately consider expert opinions).

For more, see wildman.com.

On April 7th, the Seventh Circuit US Court of Appeals granted Honda's petition for appeal in American Motor Co, Inc. v. Allen.  The plaintiffs are purchasers of Honda's Gold Wing GL1800 motorcycle and allege that the motorcycle has a design defect that prevents the adequate dampening of "wobble," claiming defect makes the steering assembly shake excessively. 

In his report, motorcycle engineering expert Mark Ezra opined that motorcycles should "by [their] design and manufacture exhibit decay of any steering oscillations sufficiently and rapidly so that the rider neither reacts to nor is frightened by such oscillations."

For more, see leagle.com.

An expert witness from US aerospace giant Boeing will meet Monday to coordinate with a Thai  investigation team probing the cause an engine fire on a Thai Airways International (THAI) Boeing 747-400.  The incident forced the pilot to make an emergency landing at Suvarnabhumi airport last week, THAI president Piyasvasti Amranand said Sunday.  The Wednesday incident occurred when TG flight 116 which was to fly to Chiang Mai returned for an emergency landing about 10 minutes after taking off following the engine fire, the first accident happening to a Boeing 747-400 in Thailand’s national flag carrier fleet.

For more, see mcot.net.

Completing his testimony and cross-examination in a wrongful-death trial stemming from his tenure as CEO of Pendleton Memorial Hospital, Larry Graham said last week that he was not aware that previous executives at the hospital had documented their concerns about a generator system that would later flood during Hurricane Katrina.  The system's failure is at the core of the negligence claims filed against Methodist and UHS by the family of Althea LaCoste.

The 73-year-old woman, whose ventilator depended on electricity, survived the initial power outage thanks to manual breathing assistance from hospital staff.  But the plaintiffs' medical expert testified that she died some time later because of the strain suffered during that time.  The trial resumed this week, with more testimony from engineer Frank Painter, an expert witness for the LaCoste family. Painter said that Methodist could have opted for a "standard submersible petroleum pump" that would work inside a larger ground tank to facilitate pumping to the generator.

For more, see nola.com.

In What is a Hazardous Material?, safety engineering expert James L. Unmack, P.E., C.I.H., C.S.P., describes what makes a hazardous material:

Consider the characteristic of flammability, or more generally, the characteristic of being capable of supporting combustion. How may this characteristic be quantified in a meaningful way? What point on the scale represents a hazardous material?

Organizations such as the National Fire Protection Association and the American Society for Testing Materials have developed standard methods to test and criteria for labeling combustible materials. A flammable material is considered more hazardous than a combustible material. To simplify the quantification, solids, liquids, and gases are addressed separately. The flammability of a gas is easily described by the minimum concentration needed to support combustion, expressed as the lower flammability limit (LFL) or the lower explosive limit (LEL). The flammability of a liquid is measured by the flash point (FP), the minimum temperature at which the vapors, above the surface of the liquid, form an explosive mixture. The flammability of solids is much more complex and is usually addressed on a case by case basis.

Construction crews from Sacramento-based MCM Construction and Caltrans are repairing the damaged section of the Bay Bridge but aren't sure exactly what day and at what time the bridge will re-open to traffic.  Engineering expert witnesses around Northern California offered cautions but also said the failure of the Labor Day solution doesn't mean bridges can't be fixed quickly.  Civil engineering expert Dauwn Cheng, assistant professor of civil engineering at UC Davis, said she was "shocked" by the failure.

Caltrans officials closed the bridge Tuesday when a newly installed 100-foot-long steel rod snapped, pulling another rod and part of a 6,000-pound steel clamp down onto the roadway during the evening commute, damaging three vehicles but causing only minor injuries.  Wednesday, Caltrans officials acknowledged the design did not work. They said they believe high winds caused the patch's 100-foot-long metal rods to vibrate and rub against other, causing one to break.

Source: www.sacbee.com.

Plainfield Township, IL, residents have filed a lawsuit against the Lakelands Community Homeowners Association over a Lakelands subdivision berm that they say will put their property under water during heavy storms. A temporary restraining order halting work on the DuPage River block was issued last week by a Will County judge, and a preliminary injunction that would stop construction until the matter is settled in court is being sought.  The plaintiffs have hired Joliet attorney Carl Buck and expect to hire an engineering expert witness to testify that while the berm will prevent the river from flooding the Lakelands subdivision, the water it diverts will flood property farther down river.

The proof, they say, is the flooding that occurred after heavy storms in September 2008. Lakelands used sandbags to create a temporary berm, which the plaintiffs say created higher river levels elsewhere and resulted in an overflow of water onto their land. "They may have a right to block the water on their property, but they don't have a right to divert it and push it back onto other property," plaintiff Carl Bryant said.

Excerpted from www.chicagosuburbannews.com.

A False Claims Act whistleblower lawsuit against the prime contractors for the Coast Guard’s $26 billion Deepwater acquisition program will go to trial in November 2010, a U.S. District Court judge has ruled.  Deepwater is the Coast Guard’s largest acquisition program and  includes the production of new assets including national security cutters and patrol boats. Former Lockheed Martin Corp. engineer Michael J. DeKort filed the complaint against Integrated Coast Guard Systems, a joint venture of Lockheed Martin and Northrop Grumman Corp. DeKort accused the companies of being seriously deficient in carrying out the contract and caused major safety, security and national security problems and wasted taxpayers' money.

On Oct. 5, U.S. District Judge Reed O’Connor of U.S. District Court for the Northern District of Texas issued a schedule for pleadings, naming of expert witnesses, identifying evidence, and a trial. He also instructed the parties to hire a mediator and attempt to come to an agreement to resolve the case. The trial will take place upon two days’ notice at any time during the four weeks that start Nov. 1, 2010.

The Coast Guard has acknowledged several significant problems with the program, and in 2007 the service rejected eight new patrol boats due to structural problems with the hulls. The Coast Guard is seeking a refund for $96 million for unsound patrol boats produced under Deepwater.

Excerpted from washingtontechnology.com.

After five years of litigation including the testimony of hydrology expert witnesses, finality may be in sight for three Camp Verde, AZ, area families battling Salt River Project over wells on their property.  In 2004, SRP filed suit against 11 Verde Valley water users for pumping well water they believe to be surface water, belonging to downstream water users.  Eight of the parties reached settlements with the Phoenix area water provider.

But three, the Kovacovich, Wiertezema and Jordan families, have fought on, arguing that what constitutes surface water and what constitutes groundwater should be determined as part of the statewide settlement of water rights and not as individual cases.  Last April, during a summary judgment hearing, in which all three asked Judge Eddward Ballinger to have their cases dismissed, the judge found probable cause to dismiss two of the cases, the Kovacovich's and the Wiertezema's.  However, he delayed final dismissal pending additional information.

Excerpted from verdenews.com.

It was a fault in its structure that made a part of the roof of the new domestic terminal, 1D, of the Indira Gandhi International Airport blow off on August 21 due to strong winds and leak in several places, said a source at the airport. Flight

operations at IGI Airport had to be shut for nearly two hours after a 30 minute heavy downpour. There was flooding in the new terminal 1D because the ceiling leaked at several places and a part of the roof near Gate 14 had crashed.

Airport operator Delhi International Airport Limited (DIAL) on Tuesday said in a statement that investigations carried out by the four-member committee are still on and the committee has sought time till October 15 to complete its report and suggest remedial measures. The committee is comprised of RSSLN Bhaskarudu, Independent Director (DIAL); P Seth, nominee of the Airports Authority of India; P S Nair, CEO (DIAL) and Prof (Dr) Meher Prasad, Structural Engineering Expert from IIT Chennai.

Excerpted from expressindia.com.