Brandan Mueller

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As a member of the firm’s Technology, Manufacturing & Transportation team, Brandan represents clients in the defense and prosecution of cases involving product liability, transportation matters, complex commercial litigation, construction law, insurance law and personal injury. He has focused extensively on product liability cases involving fires and explosions as well as on toxic tort matters.

Latest Articles

The United States Consumer Product Safety Commission (“CPSC”) continues to seek significant civil penalties from companies that fail to “immediately” report potential product safety problems in a timely fashion. The newest installment in this trend occurred when CPSC announced a $4.5 million civil penalty against PetSmart. CPSC stated that, between 2011 and 2014, “PetSmart received at least 19 reports of fish bowls cracking, breaking, or shattering during normal use, resulting in serious injuries to consumers in at least…
 Hoverboards swept the holiday gift market for kids in 2015 but also made news after claims that they were catching on fire.  Predictably, the internet was flooded with videos of hoverboards in flames.  The technology and the fires caught the collective attention of not only consumers and the media but also that of Underwriters Laboratories (UL) and the U.S. Consumer Product Safety Commission (CPSC). That attention has turned into the following industry changes: Hoverboards get…
The United States Consumer Product Safety Commission announced  nine (9) recalls during the week of February 15, 2016. The announcements include two different recalls on the basis of the potential for exposure to mold.  The following is a list of those recalls with links to the respective announcements from CPSC. Paper boxes recalled due to presence of mold AC adapter recalled due to electric shock risk Bicycle fork recalled due to cracking and risk of fall Recall of…
The United States Consumer Product Safety Commission announced six (6) recalls during the week of February 8, 2016. The announcements include a recall of propane gas which lacked sufficient odorant to warn consumers of a leak.  The following is a list of those recalls with links to the respective announcements from CPSC. Snowmobile recalled due to brake issue Ceiling lamps due to potential for falling and laceration hazard Propane gas with insufficient levels of odorant Infant booties
As previously discussed here, the U.S. House of Representatives Energy & Commerce Committee will hold a hearing entitled “Industry Perspectives on the Consumer Product Safety Commission” on Wednesday, March 10, 2016.  It is clear from a Background Memo published yesterday that the Committee intends to delve into some of the highest profile issues in the CPSC regulated community from recent years.  The Committee also announced the witnesses testifying at the hearing as well as the topics that may be explored.…
The United States Consumer Product Safety Commission announced ten recalls during the week of February 1, 2016. The recalls include a diverse set of products ranging from a computer used for SCUBA diving to decorative baby rattles.  The following is a list of those recalls with links to the respective announcements from CPSC. Dive computers recalled due to a short circuit that could lead to “serious injury to a diver underwater, including decompression sickness” Vacuum recalled…
The House Energy & Commerce Committee will hold a hearing entitled “Industry Perspectives on the Consumer Product Safety Commission.”  The hearing will take place on Wednesday, March 10, 2016, at 10:15 a.m. (ET).  The Energy & Commerce Committee has oversight over the U.S. Consumer Product Safety Commission (CPSC) and the hearing will focus on “evaluating the [CPSC’s] forthcoming fiscal year 2017 budget request.”  The Committee will also call witnesses from regulated industry to discuss “voluntary…
Update to the TMT Industry Insider article, “New Federal Safety Standard Proposed for Phthalates in Children’s Toys and Certain Child Care Articles,” which was posted on February 12, 2015. The deadline to submit comments on the proposed CPSC rule on phthalates has been extended to April 15, 2015. If you would like to discuss the submission of comments on this rule or have a question about this article, please contact Brandan Mueller; Glennon Fogarty or…
A new and more stringent federal safety standard for phthalates in children’s toys and certain child care articles was proposed by the U.S. Consumer Product Safety Commission (“CPSC” or “Commission”) on Dec. 30, 2014. See Consumer Product Safety Commission, Prohibition of Children’s Toys and Child Care Articles Containing Specified Phthalates, 79 Fed. Reg. 78324 (Dec. 30, 2014) (amending 16 C.F.R. § 1307). This proposed rule on phthalates (the “proposed rule”) would establish a new federal…