The New Era of Automotive Liability: Technology Failures, Class Actions, and Litigation Strategy

This session examines how vehicles contribute to crashes beyond driver error, introducing Collision Avoidance Technology (CAT) systems and their role in preventing accidents. Practitioners will explore liability theories around failure to equip vehicles with available safety technology, CAT malfunctions, and the duty to retrofit commercial trucks.

This session covers the three types of product defects: design defects, manufacturing defects, and marketing defects including failure to warn. Attendees will learn the key liability theories including strict liability under the Restatement of Torts, negligence principles, and breach of express and implied warranties.

This session analyzes the primary defenses manufacturers raise including driver error, comparative fault, and cost-feasibility arguments. Practitioners will learn to counter the optional equipment defense, state of the art claims, and federal preemption arguments.

This session breaks down Rule 23 requirements including numerosity, commonality, typicality, adequacy, and predominance for class certification. Attendees will examine circuit-level variations in certification standards, Daubert challenges, settlement considerations including cy pres distributions, and the strategic implications of opt-out versus opt-in classes.

A short break allowing attendees to refresh before the afternoon sessions continue. Use this time to review materials and prepare questions for upcoming discussions.

This session covers plaintiff-side considerations including client intake, case valuation, and expert testimony requirements for causation and damages. Defense strategies are examined including early motions to dismiss, individualized issue challenges, and arbitration clauses, along with the coordination role of Multidistrict Litigation and bellwether trials.

This session analyzes landmark cases including the Takata airbag litigation, Volkswagen Dieselgate, and emerging CAT system claims. Practitioners will learn lessons about regulatory interplay among NHTSA, FDA, CPSC, and EPA, as well as critical evidence preservation and e-discovery strategies.

This session examines federal agency oversight from NHTSA, CPSC, and FDA and how regulatory compliance affects litigation strategy. Attendees will explore preemption challenges through key cases like Riegel v. Medtronic and Wyeth v. Levine, plus the growing impact of forced arbitration clauses and class waivers.

This session explores cutting-edge liability issues including AI and autonomous vehicle failures, software defects, and update liability. Topics include ESG accountability, shareholder derivative actions, digital class actions involving data breaches, and algorithmic bias claims shaping the future of auto defect litigation.

This session provides actionable guidance on evidence preservation, EDR data retrieval, and building strategic co-counsel relationships to enhance case value. Attendees will examine ethical considerations unique to class practice including fiduciary duties of class counsel, settlement integrity, and fair distribution to class members.