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Rearranging Deck Chairs on the Titantic: Will the Early Warning Reporting Required by the TREAD Act Uncover Deadly Defects Soon Enough?

Abstract

The regulatory fallout from the Ford-Firestone tire recall illustrates some of the approaches the legal community is developing to address the question of who has—or should have—a duty to inform governmental regulators of defective, potentially dangerous products. Part II of this Note summarizes the history of the Ford-Firestone recall and discusses vehicle manufacturers' prior duty to report a defect to regulators. Part III looks at the Transportation Recall Enhancement, Accountability, and Documentation (TREAD) Act's changes to the reporting duty of manufacturers and their legal counsel. Part IV examines the parameters of lawyers' reporting duty and considers limitations on that duty. Part V offers some concluding remarks and suggests that Congress should extend the duty to report to explicitly include attorneys representing tort plaintiffs.

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44 Ariz. L. Rev. 939 (2002)

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Authors

Erica McCallum (University of Arizona)

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