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Morgan Phoenix

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Morgan Phoenix focuses her practice on product liability, mass torts, and consumer litigation, as well as advising a range of clients on maintaining product compliance with various government agencies. Morgan also advises clients working with government agencies to focus on product safety in a complex regulatory schema. She has experience in bankruptcy, unfair practice, and environmental civil litigation, as well as several class actions.

Morgan is committed to volunteer and pro bono work. She engages in advocating for asylum justice and housing tenant rights in Washington, D.C., demonstrating her dedication to social justice and community service. In 2023, Morgan was recognized with high honors on the 2023 Capital Pro Bono Honor Roll by the District of Columbia Court of Appeals and Superior Court of the District of Columbia.

Morgan earned her J.D. from The George Washington University Law School, where she was recognized as a George Washington Scholar and Dean’s Fellow. She was also the recipient of the Class of 1971 Merit Scholarship. In law school, Morgan served as the president of the George Washington Law Mock Trial team and contributed to the International Law in Domestic Courts Journal. Morgan completed her undergraduate studies at Denison University, graduating magna cum laude with a Bachelor of Arts. Her academic journey included a semester abroad at Heidelberg University in Germany.

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In Kiekert de Mexico S.A. de CV v. Brose Jefferson, Inc., another federal court in Michigan relied on the 2023 Airboss ruling regarding “release-by-release” agreements in an order allowing an auto parts supplier in Mexico to reject order-by-order purchase releases from a Michigan purchaser, finding that the “needs” of the buyer under the parties’ agreement were too vague to meet the statute of frauds.

At the heart of this issue is what amount of specificity exactly is required to spell out a “requirements contract,” which is enforceable under the statute of frauds and cannot be terminated on an order-by-order basis. In the absence of sufficient specificity, a release-by-release agreement allows either party to walk away from the “blanket” or “umbrella” supply agreement except as to specific release orders that are issued and accepted.Continue Reading Another Michigan Auto Parts Agreement Terminated Under Release-By-Release Doctrine

Autonomous heavy-duty motor vehicles — those with a gross weight of 10,001 pounds or greater — to date have been barred from public roadways in California. This will change if newly proposed California DMV regulations take effect.

The proposed regulations include several notable changes and perhaps most notable among them is the opportunity for providers of autonomous heavy-duty vehicles to apply for a permit to operate through testing or deployment.Continue Reading Autonomous Commercial Vehicles Now Come “Heavy-Duty” If New California DMV Law Passes