Brian - Threats of tort is commonly used to try to get someone else to absorb the types of costs described below. Depending on the actual cost of the required product fixes, one side or the other may decide to eat the costs, simply based on the typically exorbitant legal costs for pursuing a tort and the potential for losing.
The contracted company's legal dweebs need to review the contract to see if "professional incompetence" is on their side or on the part of the contracting company. Meaning, how specific was the contract in specifying the applicable standards and was there any presumption of continuing compliance over time. This ties into John Shinn's question about, "build to print," which is a contract manufacturer's backup Plan A. As far as the who's who, simply direct them to the committee responsible for the standard and let them tease out its membership. It should not be the contracted company's responsibility to take action beyond this minimal level, unless there's a desire to play extra nice until it's time to not play nice. If the contracted company's legal dweebs are on the ball, they're most likely already on these issues. Regards, Peter Tarver > -----Original Message----- > From: Brian Oconnell [mailto:oconne...@tamuracorp.com] > Sent: Friday, November 08, 2013 10:46 > To: EMC-PSTC@LISTSERV.IEEE.ORG > Subject: [PSES] standards update and legal madness > > None of this is a representation of my employer. > > A company makes a component for North American market > designed for the needs of a single customer. The > company received notices from CSA and UL with > tabulation of standards corrections. The company > informed affected customer of time and cost to update. > > The company then receives letter from the customer's > legal dweebs - they want to see complete list of > organizations and individuals that "contributed to the > errors" that caused a mandatory update to the standard. > > The company's customer is considering pursuing a tort > for lost opportunity and professional incompetence. Has > this ever been done? Has a member of a TC/WG ever been > served with a subpoena for this stuff? Is this stupid > or just insane? > > - > ------------------------------------------------------- > --------- > This message is from the IEEE Product Safety > Engineering Society emc-pstc discussion list. To post a > message to the list, send your e-mail to <emc- > p...@ieee.org> > > All emc-pstc postings are archived and searchable on > the web at: > http://www.ieee-pses.org/emc-pstc.html > > Attachments are not permitted but the IEEE PSES Online > Communities site at http://product- > compliance.oc.ieee.org/ can be used for graphics (in > well-used formats), large files, etc. > > Website: http://www.ieee-pses.org/ > Instructions: http://www.ieee-pses.org/list.html > (including how to unsubscribe) > List rules: http://www.ieee-pses.org/listrules.html > > For help, send mail to the list administrators: > Scott Douglas <emcp...@radiusnorth.net> > Mike Cantwell <mcantw...@ieee.org> > > For policy questions, send mail to: > Jim Bacher: <j.bac...@ieee.org> > David Heald: <dhe...@gmail.com> This email message is for the sole use of the intended recipient(s) and may contain confidential and/or privileged information. If you are not an intended recipient, you may not review, use, copy, disclose or distribute this message. If you received this message in error, please contact the sender by reply email and destroy all copies of the original message. - ---------------------------------------------------------------- This message is from the IEEE Product Safety Engineering Society emc-pstc discussion list. To post a message to the list, send your e-mail to <emc-p...@ieee.org> All emc-pstc postings are archived and searchable on the web at: http://www.ieee-pses.org/emc-pstc.html Attachments are not permitted but the IEEE PSES Online Communities site at http://product-compliance.oc.ieee.org/ can be used for graphics (in well-used formats), large files, etc. Website: http://www.ieee-pses.org/ Instructions: http://www.ieee-pses.org/list.html (including how to unsubscribe) List rules: http://www.ieee-pses.org/listrules.html For help, send mail to the list administrators: Scott Douglas <emcp...@radiusnorth.net> Mike Cantwell <mcantw...@ieee.org> For policy questions, send mail to: Jim Bacher: <j.bac...@ieee.org> David Heald: <dhe...@gmail.com>
