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Vol. 37, Nos. 1-49 pp. 1-1298 Jan. 5 -- Dec. 21, 2009 A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z
ACCELERATOR CONTROL SYSTEMS
– Buggy Standard, Bad Boy Enters. recalling serial numbers between 85004828 and 95010404, 1066; CPSC recall, 1116
– Ford Excursion and pickups, pedal design defects, warranty breach claim class certified (Okla.), 477; (U.S., rev den), 1066 – Road salt, Toyota announces recall of Tundra pickup trucks for potential corrosion, 1245 – Toyota Sienna, carpeting that may interfere with pedal to be inspected and replaced, 142; NHTSA to issue alert to Lexus and Toyota owners, 1058; NHTSA posts recall documents, 1074; Toyota denial of defect causes concern in safety community, 1161; Toyota mailing letters to owners, 1161; acceleration complaints may be related to unsecured floor mats, 1161; NHTSA recall, 1168; Japanese consumer agency receives reports about accidents and defects, no recalls where floor mats not used in Japan, 1246
– Acne treatment, Huffman-LaRoche to stop making and distributing due to availability of generic drugs and costs of personal injury suits, 743
– Expert witness, doctor overreached conclusions of work linked to IBD may not testify (M.D. Fla.), 881 – Irritable bowel disease (IBD)
– – Expert causation, new trial ordered in light of Levine case (N.J. Super. Ct. App.), 330
– – Failure to warn, award to adults who used in teens upheld, weight of evidence shows painful significant alteration of life (N.J. Super. Ct.), 1184 – – Link, award to patient rejected, inadequate warning could not have caused harm (Fla. Dist. Ct. App.), 1131
– Construction and sub-floor adhesive, maker of product whose vapors ignited waived preemption defense where not raised before trial (E.D. Mich.), 1258
– Grout sealant, no strict liability against sole wholesale distributor, not actively involved in design, but may be negligent (N.D. Ga. MDL), 807
– All natural pasta sauce, fraud claim not preempted (N.D. Cal.), 183
– Allergies, class claims for advertising French fries and hash browns as gluten, wheat, and dairy-free too inclusive (N.D. Ill.), 568 – Cigarette low-tar claims, deceptive practices class action allowed to proceed (Mass.), 359 – Farmed and colored salmon, FDCA does not preempt claims enforcing parallel state laws (U.S., rev den), 66 – Fraud, class representatives have no standing claims where no injuries from contraceptive and no allegations of reliance on advertisements (E.D. Cal.), 787 – Fruit juice snacks, class action for packaging misrepresenting nutritional content (D. Mass.), 137 – Misleading
– – Contraceptives, suits against maker in Philadelphia consolidated, likely to be U.S. center for state litigation (Pa. Ct. C.P.), 1032
– – Off-label use, woman who developed pulmonary embolism and gallstones after taking for acne files suit for overpromoting Yaz (N.J. Super. Ct.), 1134 – Seroquel, claims for falsely promoting medication properly heard in state court where N.M. Medicaid program unnecessarily paid for prescriptions (D.N.M.), 814 – Tasylol, union fund may bring claim for failure to warn of risk of prescription drug despite failure of RICO claims (S.D. Fla.), 910 – VitaminWater nutritional content and health benefits, class action charges Coca-Cola misrepresented (N.D. Cal.), 103
– Damage claims against makers dismissed (U.S., rev den), 282
– Alpaca feed, farmers get new trial against maker where feed tainted with antibiotic toxic to alpacas (6th Cir.), 1275
– Atrazine, practitioners and defense counsel discuss new toxic tort litigation initiatives for agricultural herbicide, Special Report, 1290 – Disease-resistant seeds, plant expert properly excluded from testifying about definition of resistant (D. Ariz.), 189 – Hay baler, maker's knowledge of prior injuries from lack of guard makes punitive damages available (E.D. Ark.), 409 – Limitations period, putting unreasonably dangerous product on market, limit is 2 years (D. Nev.), 131 – Milking system, dairies have tort claims if they can show damage to cows, not just lower productivity (Idaho), 952 – Ozone-generation system, Wash. law bars claims by grower harmed when system caused apples to turn brown where harm purely economic (E.D. Wash.), 1053
– Tainted hamburger, dancer paralyzed by E. coli infection after eating seeks damages (D. Minn.), 1258
– Consumer interest continues to grow, 416
– Crash sensor system, allowing evidence about failure to wear seat belt and driver conduct before crash improper (Pa. Super. Ct.), 661 – Dodge Journey, Jeep Grand Cherokee, Commander, and Wrangler, wiring problem, recall announced, 455 – Ejection-mitigation, NHTSA publishes notice of proposed rulemaking, car makers likely to install modified side curtain air bags, 1245 – Ford F-150 trucks, NHTSA opens probe, 1059 – Frontal crashes, comments sought on study of why seat belt use, air bag protection, and crashworthiness structures of newer cars not preventing fatalities, 1117 – Honda Civic and Accord, NHTSA recall of 2001 vehicles to address inflation problem, 795; Acura vehicles added, 892; more information from Honda and air bag supplier sought to evaluate scope and timeliness of recalls, 1191 – Infinity Q45 and M45, NHTSA investigation upgraded, 416 – Kia, passenger killed when rental wedged under car it was following has no standing to bring design defect for failure to deploy (E.D. Mich.), 880 – Nissan, rust in sensors prompts salt-belt states recall, 43 – Preemption, failure to warn claims by parents for child's head injury in front seat not barred by U.S. rules (Ind. Ct. App.), 1047 – Recycled, group says safe, economical repair option for consumers, automakers disagree, 747 – Toyota, developed rear centered bag to address side impact occupant injuries, 319 – Volkswagen Routan Minivans, NHTSA recall, 892 – Water-salt mix causes impact sensor corrosion, 2008-2009 Mitsubishi Lancer and Lancer Evolution, NHTSA recall #09V-435, 1221
– Carbon dioxide, EPA considering short-term exposure limit and total ceiling limit for coolant substitutes, 1040
– Heat element defect, fire hazard, Carrier AIRV ceiling assemblies, recall, 1077
– Defective design and manufacturing, worker on boiler tubes in power plant gets damages for explosion in accord (Tex. Dist. Ct.), 1003
– Airworthiness in icy conditions, MDL judge refuses to hold trial on common issues (D. Kan.), 248
– Chinese crash, stay of consolidated cases granted to allow litigation to proceed in China (Cal. Ct. App.), 281 – Crash, aircraft maker was military contractor immune from suit where government approved specifications (11th Cir.), 736 – FTCA, combat immunity exception not bar to negligence claim for helicopter crash in Afghanistan (N.D. Cal.), 336 – Jurisdiction
– – Controversy, no litigation threat in plaintiff attorney's inspection and notice of further inspections (D. Vt.), 360
– – Forum non conveniens, Italian airport runway collision, Europeans' Fla. suit dismissed (11th Cir.), 385 – – Long-arm statute, use of in-state engineering firm meets purposeful availment test for determining state law applicability (Tex. Ct. App.), 385 – – Sudan Airways, federal court may not hear claim for aircraft explosion after landing in Khartoum, remanded to state court (N.D. Ill.), 1211 – Product liability and negligence, estates of 2 U.S. citizens bring claims against airline, and makers of airplane and component parts for crash (S.D. Tex.), 1071 – Stairway fall, Federal Aviation Act does not preempt claim (9th Cir.), 182
– Heparin, adverse reaction claim remanded to state court (S.D. Ala.), 252
– Motor vehicles, repair warranty, statute of limitations for breach of contract applies (Ala.), 127 – Safe harbor, claim challenging marketing of Nexium barred where activity permitted by FDA addressed (Ark.), 1204
See SIRENS
– Child booster seats, NTSB applauds state for adopting law requiring, 725
– International human rights, expansive role being used to enforce, Analysis & Perspective, 419
– Private actions, solicitor general view whether claims against antibiotic maker for injuries during drug trials in Nigeria should be heard (U.S., rev sought), 1156
– Lead standards
– Recreational off-road vehicles (ROVs)
– – Buggy Standard, Bad Boy Enters. recalling serial numbers between 85004828 and 95010404, accelerator, 1066; CPSC recall, 1116
– – Draft voluntary standard, CPSC presents briefing packet as Comm'n considers, 1091; CPSC to hold meeting to consider, 1093; advanced notice of proposed rulemaking issued, voluntary industry standard inadequate, 1114 – Yamaha Rhino
– – Injury suits consolidated (J.P.M.L.), 217
– – Sales suspended, 395
– Ketek, discovery, deposition of nonparty at class action certification phase disallowed (E.D.N.Y.), 533
– Levaquin, man who suffered tibial tendon rupture sues maker for failure to warn of higher risk (D. Minn.), 1034 – Minocycline, failure-to-warn claims against generic drug maker not preempted (N.D. Ill.), 381 – Salinomycin, alpaca farmers get new trial in claims against feed maker that used drug toxic to animals (6th Cir.), 1275 – Trovan, maker announces accord with Nigerian state for deaths and permanent injury of children tested during epidemic of measles, cholera, and meningitis, 865; solicitor general asked for government view whether ATCA claims should be heard (U.S., rev sought), 1156
See also ANTIPSYCHOTICS
– Antipsychotics
See ANTIPSYCHOTICS
– Failure to warn, federal regulatory approval does not preempt Pa. law claims (U.S., dec), 274; remanded to 3d Cir. for reconsideration, 306; briefs on effect of Levine filed (3d Cir.), 473; FDA orders drug makers to modify labeling to state than intramuscular injection is preferred method of administration, Analysis, 1094; does not provide ground for reconsideration of preemption ruling for higher duty to warn of risks (N.D. Cal.), 1235 – Lexapro and Celexa, class certification in multidistrict proceeding for economic damages for lack of suicide risk warning denied (E.D. Mo.), 626 – Paxil
– – Broken pill claims, nationwide settlement given preliminary approval (D.P.R.), stay sought pending approval of settlement (Cal. Super. Ct.), 280
– – Causation, class action certification rejected, elements giving rise to civil liability may not be established on collective basis (Quebec Super. Ct.), 934 – – In utero exposure, drug maker to pay compensatory damages for heart defect due to mother's use during pregnancy (Pa. Ct. C.P.), 1083 – – Preemption
– – – Claim remanded after plaintiff seeks to sever claims against drug maker and transfer from Pa. to N.Y. courts (E.D. Pa.), 958; generic drug maker opposes effort to sever claims, 983; widower files motion to compel drug maker to produce data and documents on FDA communications, 1007
– – – FDA direction on labeling for suicide risk does not bar claim for failure to warn (E.D. Wis.), 856 – – – Heart defect, drug maker may not bar claims by parents who claimed wife's use during pregnancy caused (N.D. Okla.), 1279 – – Stepfather suicide, unadopted stepchildren may not bring Tex. wrongful death claim (Tex. Ct. App.), 716 – – Suicide risk, widower's claim for failure to warn preempted, FDA would not approve warning for generic drug (E.D. Pa.), 1183
– – Briefs on effect of Levine filed (3d Cir.), 473
– – Preemption, review of rulings sought (U.S., rev sought), 277 – Prozac, son of man who killed self and wife during treatment seeks new scheduling order to allow for substitute expert (D.N.M.), 835; motion to allow new expert for one earlier excluded as unreliable denied, suit rejected for lack of evidence (D.N.M.), 835 – Wellbutrin XL
– – Less effective generic alternative, class action targets (Cal. Super. Ct.), 668
– – Serious mental health risks, FDA announces it will require box warning on risks, new drug trials to determine adverse events required, 743
– Labels, FDA approves new warnings on suicide risk, 539
– Neurontin
– – Expert witnesses, suicide risk, expert evidence on general causation deemed reliable (D. Mass.), 565; class certification denied, 596; first case for off-label marketing dropped after donation to save patient's daughter from having to suffer through trial, 835
– – Off-label prescriptions, class action seeking reimbursement decertified (Pa. Ct. C.P.), 216; decertification 18 mos. after certification appealed, called legally incorrect and based on flawed evidence (Pa. Super. Ct., brief filed), 713 – – Off-label use, fraudulent misrepresentation claim filed (D. Minn.), 536
– Seroquel
See SEROQUEL
– – Class certification, appeal to be heard (2d Cir., rev grant), 136
– – Expert witness repeatedly stretching the truth disqualified (E.D.N.Y.), 567; cases time-barred, no evidence different warning would affect prescribing decisions, 741; jury could find insufficient warning lead to medical decisions that caused diabetes, 883; jury may hear about physician's knowledge of health risks and reliable expert testimony on link between diabetes and death, 978; Conn. announces accord with drugmaker for marketing for unapproved uses and concealing side effects, 1054; Miss. claims that maker promoted off-label use and failed to warn of metabolic side effects rejected, 1253 – – Fraudulent marketing, S.C. gets damages in accord for failure to warn of dangerous side effects (S.C. Cir. Ct.), 1133 – – Suicide risk, learned intermediary rule supports summary judgment for defense (5th Cir.), 386 – – Warnings, no evidence different patient or physician inserts would have changed patient use (E.D.N.Y.), 662; cases time-barred, no evidence different warning would affect prescribing decisions, 741
– Children's garments
– – Children's hooded sweatshirts, drawstring posing strangling hazard prompts recall, 369; retailers agree to pay $1.5M over drawstring hazards, 413; CPSC recalls for drawstring through hood causing strangulation hazard, 672; Macy's voluntary recall, 699; CPS announces civil penalty for failure to report hazard, 869; Century 21 Promotions, CPSC recall, 1288
– – EMH, children's hooded jackets, strangulation hazard, 892 – – Flammability, CPSC request for comments, 453 – – Lead – Footwear
See SHOES
– KOMAN Sportswear, hooded sweatshirts, strangulation hazard, 892 – Recalls, monthly report, BNA, Dec., 74; Jan., 199; Feb., 298; March., 428; April, 545 – Undergarments, Victoria's Secret, judicial panel refuses to consolidate suits for skin irritations and allergic reaction (JPML), 696 – Women's chenille robes, CPSC recalls for flammability, 772; fire hazard, CPSC recall, 1166
– Belgian waffle maker, All-Clad 4-Square model WD700462, All-Clad Metalcrafters LLC, 428
– Clothes washers, Frigidaire, voluntary recall for fire hazards, 847; CPSC recall report, 1021 – Clothing irons, Conair recalls over fire hazard, 395; 545 – Coffee grinders, CPSC recalls, Seattle's Best and Starbucks products, laceration hazards, 699 – Coffeemakers
– – Black & Decker Spacemaker, CPSC and Applica announce voluntary recall, 721
– – Black & Decker thermal, Applica to voluntarily recall due to burn hazards, 919; recall report, 1021 – – Bunn pod brewers, CPSC recalls, May, 675 – – Senseo one-cup, models HD 7810, HR 7811, HD 7815, HD7820, HD 7832, and HD 7890, Philips Consumer lifestyle, 545 – Component parts, strategies and risk management options for maker of good component in bad product, Analysis & Perspective, 1193 – Dishwashers, fire hazard, CPSC recall, 113; Bosch and Siemans manufactured between May 1999 and July 2005 recalled, 199 – Dryer fire, expert's testimony insufficient where evidence destroyed, award to consumer whose trailer was destroyed and son killed overturned (Tex.), 1274 – Floor cleaners
– – Ergorapido, Pronto, and Precision 2-1 cordless stick vacuums, Electrolux Home Care, 428
– – Majestic 360 vacuum, burn hazard, HMI Industries, 545 – – Thane H2O Mop steam cleaners, model numbers 808.092 and OEM-TV-001, 820; 892 – Microwaves, Samsung 1000 Over-the Range, CPSC recall, 1161; corrective action, 1288 – Oil-fired furnaces, Rheem, Ruud and United Refrigeration models sold from January 2006 through December 2008, Rheem Mfg., 199 – Paint scrapers, Purdy, laceration hazard, recall, 892 – Ranges
– – Dual fuel freestanding, GE Profile, GE Consumer & Industrial, 545
– – Smoothtop electric, Frigidaire recalling for fire and burn hazards, 962; CPSC recall, 1076 – Toaster ovens/broilers
– – Haier Am. announces recall, 486
– – Model RTO1400SS, Haier American Trading, 545
– – China, CPSC announces recall, 41
– – Viking Professional Four-Slot Toasters, model numbers VT400WH, VT400BK, VT400GG, VT400SG, VT400BR, and VT400CB, Viking Range Corp., 199
– Computers, sales contract clause does not bar suit for defective Dell laptops, class certified (Ontario Super. Ct.), 188
– Forum non conveniens
– – Blood products, class action claiming HIV infected product sent back to Argentina (7th Cir.), 570
– – Tire defects, class action sent back to Argentina (7th Cir.), 570
– Child booster seats, NTSB urges state to require, 990
– Preemption, Medical Device Amendments bars state law claims for breast implant rupture, would impose different requirements in addition to federal ones (D. Ariz.), 1104 – Strict liability cases, joint and several liability, Analysis & Perspective, 348 – Television fire, citizen may get sealed documents in wrongful death case (Ariz. Ct. App.), 309
– Methamphetamine, cold medicine makers cannot be held liable (8th Cir.), 33
– No-fault provision of tort reform act unconstitutional (Ark.), 530
– Celebrex/Bextra class accord gets preliminary approval (N.D. Cal.), 362; accord with third-party payors and consumers approved, 1111
– Etodolac, widow has no claim for husband's death where evidence medication came from recalled lot insufficient (E.D. Pa.), 666 – Fosamax
– – Misrepresentation and deceptive marketing, Cal. claim denied certification (Cal. Super. Ct.), 575
– – N.J., Consumer Fraud Act claim fails to win certification (N.J. Super. Ct.), 333; compensatory award to man who charged product caused heart attack upheld (N.J.), 1054
– Abdominal cancer, award to man claiming workplace exposure caused erroneous, failed to include third parties (Fla. Dist. Ct. App.), 1152
– Automobile brakes
– – Experts' reliability on mesothelioma cause reaffirmed (Del. Super. Ct.), 442; mechanic may recover for exposure from handling brakes despite no studies where reliable medical experts support (Del.), 931
– – Manufacturer supplying lining manufactured by third-party contractor to machine ship may be liable as supplier (Wis. App. Ct.), 565 – Forum non conveniens, nationals who sued for exposure while working on or near U.S. ships in Spain may sue in Del. (Del. Super. Ct.), 688 – Insulation, engine maker not liable to ship worker for failure to warn of hazards of another manufacturer's product (Wash. Ct. App.), 805 – Insurance
– – Bankruptcy, direct action claims against insurers barred, worker accords may be at risk (U.S., oral arg), 388; Sup. Ct. nominee Sotomayor's decision among product liability related cases while on 2d Cir., 632; personal injury claimants barred from directly suing insurers who knew of risks (dec), 684
– – Occurrence, each repeated exposure counted under manufacturer's policies (Wis.), 152
– – Fear-of-cancer damages, failure to instruct on proper legal standard improper (U.S, rev den), 636
– – Ky., strict liability and negligence instructions not inconsistent under state law (W.D. Ky.), 535 – Medical criteria provisions apply retroactively (Ohio Ct. App.), 37 – Mesothelioma, jury awards damages to family of civilian Navy worker whose occupational exposure caused death, pretrial accords limit recovery (Cal. Super. Ct.), 1086 – Military contractor defense, shipyard workers may not pursue claims against ship equipment makers in state court (D. Conn.), 841 – Multiple product exposure, allocation of jury award set aside (Cal. Ct. App.), 479 – Navy ship workers
– – Accord with maker reached (Cal. Super. Ct.), 247
– – Machinists mate awarded millions for defective product and failure to warn (Cal. Super. Ct.), 575 – – Millions awarded (Pa. Com. Pl.), 498 – Sophisticated user, defense only applies to failure to warn claims, firm liable for defectively designing Navy boilers (Cal. Ct. App.), 979; jury verdict inconsistent, new trial ordered, 1000 – Strict liability, damages for failure to warn to wife after husband died of exposure upheld (Pa., rev den), 709 – Third party exposure
– – Bystander injury, child's illness resulting from father's exposure not foreseeable (6th Cir.), 153
– – California
– – – Gaskets, packing, and insulation, value maker for Navy steamships not liabile for parts it did not make or supply (Cal. Ct. App.), 1204
– – – No duty to warn (Cal. Ct. App.), 279; another division rejects, says shipboard pump and valve maker may be liable for mesothelioma contracted by exposure (Cal. Ct. App.), 1029 – – Take home liability, companies not liable to families for asbestos carried home by family members (Del.), 312 – Workers' compensation, mesothelioma victims exposed before 1975 may pursue benefits from employers (La.), 629
– Leukotriene modifiers, FDA asks makers of Singulair, Accolate, and Zyflo to put warning on behavior and mood changes on labels, 696
– Diet drugs, fen-phen class action attorneys convicted of bilking clients (E.D. Ky.), 402
– Expert witness fees, plaintiffs must pay to depose expert in Australia (S.D.N.Y.), 312 – Fees
See ATTORNEYS' FEES
– Fen-Phen, class counsel award upheld where lower court used transparent procedures and thoroughly analyzed based on appropriate data (3d Cir.), 1084
– Implantable defibrillator litigation, allocation of settlement funds to counsel set by court (D. Minn.), 9; court declines to rule on objections to allocations, 250
– Accelerator control systems
See AIR BAGS
See BRAKES
See CHILD RESTRAINTS
See CRASH AVOIDANCE
See CRUISE CONTROL
See DOOR LATCHES
– Electronic stability control systems – Fuel filters
See FUEL FILTERS
See FUEL PIPES
See FUEL PUMPS
See FUEL SYSTEMS
See HEADLIGHTS
– Horns
See HORNS
– Import safety, NHTSA best practices supported by importers in comments, 15 – Motor vehicles
See MOTOR VEHICLES
– Mufflers, carbon monoxide risk in minivan parked outside not necessarily obvious, suit against installer may proceed (11th Cir.), 215 – Recalls, monthly report, BNA, Dec., 74; Jan., 199; Feb., 298; March., 428; April, 545; May, 675 – Roof strength
See ROOF STRENGTH
See SEAT BELTS
See STEERING SYSTEMS
See TIRES
See MOTOR VEHICLES
– Defect investigations
See AUTOMOTIVE EQUIPMENT; specific parts and functions
– MDL court remands Cal. cases to state court, no federal question or fraudulent joinder found (E.D. Pa.), 280; sales representative not fraudulently joined in suit, fraud claims sufficiently pleaded, 718
– Risk of death from liver failure, Public Citizen urges FDA to ban drug, study finds cases of severe toxicity, 814
– Mack trucks, transverse shear lines, recall, 892
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