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ACCELERATOR CONTROL SYSTEMS

– Cruise control

See CRUISE CONTROL

– Defect investigations, NHTSA, 152; 197; 404; 788; 856
– Sudden acceleration, experts to testify to support circumstantial evidence (S.D.N.Y.), 8

ACCUTANE

– Inflammatory bowel disease

– – Warning inadequate, woman awarded compensatory damages (N.J. Super. Ct.), 439
– – Witness properly excluded, defense judgment affirmed (11th Cir.), 820

ADHD

See ATTENTION-DEFICIT HYPERACTIVITY DISORDER (ADHD)

ADVERTISING

– Alcoholic energy drinks, MillerCoors sued over deceptive advertising directed at youth (D.C.), 894
– Apple iPhone 3G, class complaint alleges connection problems (N.D. Ala.), 820
– Bisphenol-A in hard-plastic sports bottles, Cal. woman files class action (E.D. Cal.), 443
– Chickens, antibiotic-raised claims

– – Competitors obtain injunction (D. Md.), 662
– – Consumer class (J.P.M.L.), 662

– Diet Coke, class decertified, claims led to belief fountain product same as bottled (Mo.), 420
– Drug adverse side effects, FDA advisory panel says to include hotline in TV ads, 526
– Knee and hip implants, oral arguments set on centralization (J.P.M.L.), 623
– Lead paint, “Thomas & Friends” railway toys, Ill. consumer class settlement approved (Ill. Cir. Ct.), 86
– Light cigarette marketing

– – Federal labeling law

– – – Me., whether deceptive practice claims preempted (U.S., rev grant), 90; (oral arg set), 959; (oral arg), 983
– – – Minn. fraud claim not preempted (Minn. Ct. App.), 12

– – RICO class decertified due to individual issues (2d Cir.), 367

– Mad cow disease, USDA can prevent meatpacker from testing herd (D.C. Cir.), 849
– Metoclopramide, brand-name makers not liable to users of generics (W.D. Ky.), 661
– Neurontin, off-label use, branded makers may be liable for generic product use (Pa. Ct. C.P.), 331
– Organic labeling of cosmetics subject of dueling suits (Cal. Super. Ct.), 448
– Pain relief bracelets, restitution award upheld against marketers (7th Cir.), 33
– Paxil deceptive advertisement suit, drug maker unable to block certification (Cal. Ct. App.), 923
– Salmon, farmed and colored salmon, FDCA does not preempt claims enforcing parallel state laws (Cal.), 162; claims allowed since color represents origin (Cal. Ct. App.), 546; (U.S., briefs filed), 644; Solicitor General asked for brief, 988
– Tobacco industry, N.Y., punitive damages disallowed due to state's participation in settlement (N.Y. App. Div.), 711
– Toys and games, proposed rule sets minimum type sizes for warnings, 990; CPSC clarifies new requirements, 1060
– Trasylol, Bayer Pharm. agrees to marketing suspension, 187
– Vioxx

– – Clinical trials deemed seeding trials designed for marketing purposes, 850
– – FDA to review ads, state probe leads to settlement, 518

– Vytorin and Zetia suits consolidated (D. N.J.), 399
– “Windows Vista Capable,” class of buyers certified based on price inflation theory (W.D. Wash.), 205
– Yogurt buyers sue Dannon claiming unsubstantiated health benefits (C.D. Cal.), 169
– Zyprexa, Eli Lilly to pay state to settle marketing claims (Alaska), 312

AGENT ORANGE

– Government contractor defense, U.S. veterans and Vietnamese cannot seek damages (3d Cir.), 207

AGRICULTURAL EQUIPMENT AND SUPPLIES

See FARM EQUIPMENT AND SUPPLIES

AIR BAGS

– Advanced systems, Volkswagen recalls New Beetles to fix faulty solder joint, 459
– Control modules, Ford recalls Mustangs, 218
– Cupholder spills can affect, Hyundai recalls Elantra, 1066
– Defect investigations, NHTSA, 39; 126; 197; 295; 696
– Deployment failures, Hyundai recalls Sonatas, 405
– Expert evidence needed to establish causation (N.Y. App. Div.), 664
– Land Rover recalls LR3 and Sport SUVs, 608
– Nissan recalls passenger vehicles, 1036
– Roof rails, GM recalls Chevrolet HHR vehicles, 153
– Sensor mats, BMW recalls 3-series, 5-series, and X3 vehicles, 789
– Software glitch, Nissan recalls SUVs, 197
– Tenn. consumer-expectation test used in non-deployment case (6th Cir.), 730

AIR CONDITIONERS

– Condenser fan, Nissan recalls SUVs, fire hazard, 697
– Corrosion class action, owner not entitled to recover losses (N.D. Okla.), 666
– Sophisticated user rule applies, worker's phosgene gas exposure claim dismissed (Cal.), 328
– Water line rupture, equitable subrogation allows suit by subcontractor (Tex.), 599

AIR POLLUTION

– Small engines in outdoor equipment, use of catalytic converters increases fire hazard, study, 214

AIRCRAFT

– Air ambulance helicopter crash, parties settle for $18.4M (Neb. Dist. Ct.), 441
– Airplane crash killed former Macedonian president, repose law blocks wrongful death suit (9th Cir.), 469
– Asbestos, Navy aircraft parts makers lose removal on federal contractor defense (D. Mass.), 60
– Brazil airliner crash, families file wrongful death complaints (S.D. Fla.), 398
– Crankshafts, airplane owner class decertified (E.D. Cal.), 414

ALABAMA

– Apple iPhone 3G, class complaint alleges connection problems (N.D. Ala.), 820
– Colchicine, learned intermediary doctrine bars claims against hospital and pharmacist (Ala.), 265
– Toxic chemicals, date of last exposure rule overruled, suit time-barred (Ala.), 135

ALASKA

– Fishing boat, limitations period triggered when defect manifest (Alaska), 820
– Zyprexa, Eli Lilly to pay state to settle marketing claims (Alaska), 312

ALCOHOLIC BEVERAGES

See BEVERAGES

ALL-TERRAIN VEHICLES (ATVs)

– Ban until safety standard set, 853; CPSC holds public meeting to discuss standard changes, 1029
– Child deaths, most reported fatalities linked, 427
– Deaths and injuries, CPSC releases report, 192
– Polaris Sportsman and Scrambler 500 models, Polaris recalls, fire and burn hazard, 192
– Rhino off-road vehicle unstable, pair of suits filed (Cal. Super. Ct.), 781; Va. woman files another suit after severe foot injury (C.D. Cal.), 1025

ALLERGIES

– Latex gloves, indemnification limited to innocent sellers of maker's own products (Tex.), 335; indemnification question remains (5th Cir.), 600
– Victoria's Secret bras as cause of skin problems, class suit alleges (N.D. Ohio), 823

AMUSEMENT PARK RIDES

– Yo-Yo rides, Chance Rides Mfg. recalls, fall hazard, 993

ANALYSIS & PERSPECTIVE

– Arbitration, 431
– Child safety, foreign maker accountability, 219
– Class actions

– – Bisphenol-A, 1006
– – Cardozo School of Law Conf., 378
– – Notice, 346
– – On-demand media, 531

– Consumer Product Safety Improvement Act (CPSIA)

See CONSUMER PRODUCT SAFETY IMPROVEMENT ACT (CPSIA)

– Insurance for recalls, 610
– Lead paint, public nuisance claim, 834
– Medical monitoring, 699
– Multidistrict litigation

– – Drug and devices, lessons learned, 49
– – Tulane Law Review conference, 302

– N.J. courts limit remedies, 790

ANEMIA DRUGS

– Erythropoiesis-stimulating agents, FDA warnings and label revised, 266; advisers recommend restrictions and patient consent, 316

ANOSMIA

– Cold-Eeze, case properly dismissed, siblings fail to link zinc to loss of smell (8th Cir.), 846

ANTHRAX VACCINE ADSORBED

– FDA made no clear error of judgment in approving (D.D.C.), 287

ANTIBIOTICS

– Chicken raised without advertising claim

– – Competitors obtain injunction (D. Md.), 662
– – Consumer class (J.P.M.L.), 662

– Fluoroquinolone drugs, FDA asks makers to add boxed warning and tendon-risk guide, 666
– Levaquin, moving nonresidents' claims to home states inconvenient (D. Minn.), 314; suits consolidated, 626

ANTIDEPRESSANTS

See also specific drugs
– Generic bupropion, information sharing provision of order too broad (D.N.M.), 578
– Positive studies more likely to be published than negative, 117
– Warnings, FDA dismissal of stronger wording preempts claims (3d Cir.), 364; petitioners ask for full court rehearing, 443; en banc rehearing denied, 469; (U.S., rev sought), 986

APPAREL AND GARMENT INDUSTRY

– Camouflage pajamas, Children's Retail Stores recalls, lead hazard, 585
– Cotton dust, worker exposure mass tort dismissed (Tex. Dist. Ct.), 757
– Crocs sandals, Japan orders U.S. maker to modify design due to injuries, 428
– Drawstrings, strangulation and entrapment hazards

– – Camouflage hooded sweatshirts, Brents-Riordan recalls, 343
– – China made clothing, three firms recall items, 761
– – Fines, companies agrees to pay for reporting failures, 423; more companies agree to fines, 760
– – Fleece-lined jackets with waist drawstring, Gap Outlet recalls, 15
– – Girls' hooded jackets, Apollo Jeans recalls, 148
– – Sun Block jackets and hoodies, Coolibar recalls, 650

– Flammability standard, CPSC proceeds with draft final rule, 94; CPSC issues final rule, 318
– Girls sandals

– – Nordstrom recalls, choking hazard, 631
– – Rack Room Shoes recalls, choking hazard, 992

– Sun Smarties Board Skirts, Chelsea & Scott recalls, lead hazard, 786
– Victoria's Secret bras as cause of skin problems, class suit alleges (N.D. Ohio), 823

APPLIANCES

– Clothes dryers as cause of fire

– – Maytag, case to proceed on evidence (Tex. Ct. App.), 171
– – Whirlpool, award in death upheld (Tex. App. Ct.), 105

– Coal- and wood-burning appliances, CPSC seeks comments on ICR requests, 934
– Deep fryers, JCPenney recalls, fire and burn hazard, 272
– Floods in Midwest, CPSC warns of generator and other appliance hazards, 320
– Freezer door handle, experience alone sufficient to qualify expert on assembly instructions (S.D.N.Y.), 895
– Gas ranges, Wolf Appliance recalls, burn hazard, 855
– Glue guns, Dollar Tree Stores recalls, fire hazard, 124; 631
– H2O Portable Hand Held Steam Cleaners, Thane Intl. recalls, burn risk, 810
– Microwave oven alleged cause of fire, dismissing experts went beyond Daubert (Vt.), 203
– Pop tart buildup alleged cause of toaster fire, expert may use tests (W.D. Pa.), 848
– Pressure cookers, Home Shopping Network agrees to fine, 15
– Televisions, rear projection high-definition, Sony settlement approved to replace optical blocks (S.D.N.Y.), 495
– Tipovers

– – Emergency room visits, CPSC releases report, 828
– – Stoves, Sears settles class action (Ill. Cir. Ct.), 183

– Toasters, Wal-Mart Stores recall, fire and shock hazard, 969
– Vacuum cleaner brush attachment, TTI Floor Care N. Am. recalls, laceration hazard, 721

AQUACULTURE

– Shrimp, HHS announces third-party certification pilot program, 671

ARBITRATION

– Dell memory capacity, class action ban in arbitration provision unconscionable (N.M.), 660
– Future use for complex claims, Analysis and Perspective, 431

AREDIA

– MDL lessons learned, Analysis and Perspective, 49; Mich. plaintiffs' claims dismissed due to immunity law and preemption (M.D. Tenn.), 372; Tex. plaintiffs' claims dismissed (M.D. Tex.), 731
– N.J. calls for mass tort designation (N.J. Super. Ct.), 171

ARIZONA

– Pain pumps, degeneration of shoulder cartilage, Ariz. woman files suit (D. Ariz.), 625
– Taser guns, only foreseeable dangers create failure to warn liability (Ariz. Ct. App.), 58
– Viagra, N.Y. not appropriate forum for plaintiffs prescribed drugs in Cal. and Ariz. (N.Y. Sup. Ct.), 186

ARKANSAS

– Arsenic in chicken waste, exposure as cause of leukemia, multi-defendant causation test applied (Ark.), 496
– Benzene provided by suppliers, sufficient to survive summary judgment (W.D. Ark.), 824
– Bowflex machines, Nautilus moves class action to federal court (Ark.), 113
– Brakes, GM multistate class action, deferral of state law analysis approved (Ark.), 620
– Genetically modified rice MDL, complexity of damage calculations defeats class bid (E.D. Mo.), 802
– Hearing devices, finding of no preemption reversed (Ark.), 392
– Hernia repair mesh, Ark. man sues maker, alleges product became infected (E.D. Tex.), 35
– HRT as cause of breast cancer

– – Mich. woman's claims barred (W.D. Ark.), 395
– – Rush, defense verdict upheld despite challenges to jury instructions and evidence (8th Cir.), 138
– – Scroggin, compensatory damages awarded (E.D. Ark.), 205; jury awards punitive damages, 260; punitive award vacated, 659

– Methamphetamine activity, cold medicine makers cannot be held liable (E.D. Ark.), 189
– Physical therapy machine, Japanese maker must answer injury claims (E.D. Ark.), 472
– Rollovers

– – Glass safety standards do not preempt state claims (Ark.), 163
– – Newer Explorer design, verdict for Ford, jury says glass and roof design not defective (W.D. Ark.), 260

– Space heater, unable to prove cause of house fire (W.D. Ark.), 11

ARMED SERVICES

– Anthrax Vaccine Adsorbed, FDA made no clear error of judgment in approving (D.D.C.), 287

ARSENIC

– Chicken waste, exposure as cause of leukemia, multi-defendant causation test applied (Ark.), 496
– Norway, ban on use in consumer goods proposed, 720

ARTHRITIS DRUGS

– Remicade, three defendants not “sellers” under N.J. law, remand motion denied (D.N.J.), 715
– Vioxx

See VIOXX

ARTIFICIAL JOINTS

– Hip prostheses

– – Circumstantial evidence of multiple failure no proof of defect (W.D. Okla.), 602
– – Device maker named as defendant in suit removed to federal court, improper physician contacts also alleged (W.D. Okla.), 1027
– – Fact question on discovery of defect, dismissal of suit reversed (7th Cir.), 778
– – Lack of evidence of deviation from standards and specifications dooms defect claim (W.D. La.), 824
– – Noisy implants, suit fails to state cause of action (D.N.J.), 90

– Knee prostheses

– – Alternative arguments rejected, suit preempted (N.D. Ill.), 776
– – Mich. consumer law provides no remedy due to federal rules (E.D. Mich.), 1021
– – Oxidation experts qualified but methods unreliable (N.D. Ill.), 336

– Marketing, oral arguments set on centralization (J.P.M.L.), 623

ASBESTOS

– Aerospace sealants and parts, future noneconomic damages vacated as excessive, review denied (Cal.), 237
– Automotive parts warehouse worker, jury award to widow (N.J. Super. Ct.), 259
– Ban

See LEGISLATION, FEDERAL, HR 6903

– Boiler installation, choice-of-law review in Okla. construction worker's claim (Cal.), 545
– Brake linings

– – Frequency and regularity exposure tests adopted (Pa.), 58
– – Navy aircraft parts makers lose removal on federal contractor defense (D. Mass.), 60

– Canadian workplace exposure suit dismissed, forum non conveniens adopted (R.I.), 516
– Cigarette filters, defense verdict says not cause of mesothelioma (Tex. Dist. Ct.), 957
– Drywall materials, suit reinstated, transfer to Tenn. court rejected (Cal. Ct. App.), 13
– Floor tiles, inference that safer vinyl tiles available but not used allowed (Wash. Ct. App.), 284
– Fla. law tightening exposure standards does not apply retroactively (Fla. Dist. Ct.), 545
– Gaskets, whether federal maritime law rather than state law applied to shipyard worker's suit (U.S., rev. sought), 14
– Navy welder awarded $21M (Cal. Super. Ct.), 286
– Ohio

– – Medical criteria provisions apply retrospectively (Ohio), 1050
– – Supplier liability not retroactive to period before 1977 (Ohio), 1051

– Ship engine maker may be liable for failing to warn worker (Wash. Ct. App.), 845
– W.R. Grace announces proposal to settle all current and future litigation, also settles EPA claims (Bankr. D. Del.), 367

ATTENTION-DEFICIT HYPERACTIVITY DISORDER (ADHD)

– Strattera, family sues drug maker for failure to warn of suicide risks (D. Neb.), 168

ATTORNEYS

– Class action notice, Analysis and Perspective, 346
– Clothes dryer, award in fire death upheld, Whirlpool failed to address whether comments persuasive (Tex. App. Ct.), 105
– CPSC compliance attorneys shifted to general counsel to streamline agency, 931
– Insurance coverage dispute, lawyer disqualified due to knowledge of ex-client's approach in similar lawsuits (S.D. Ohio), 898
– Motor vehicles, false testimony of expert alleged, attorney may not represent self when fact witness in case (S.D. Tex.), 715
– ReNu contact lens solution, inadequate responsive pleading leads court to strike Bausch & Lomb answer (N.D. Ill.), 144
– Seroquel MDL, disclosure ordered of documents used to prep witness (M.D. Fla.), 142; plaintiffs appeal order allowing defense to contact and retain doctors, 416
– State attorneys general, use of private attorneys deserves scrutiny, reforms needed, 317
– Vioxx heart attack and stroke MDL, Merck agrees to settle, panel discusses (E.D. La.), 26; Merck says enrollment threshold met, 237
– Work product, crash-test documents, sanction for refusal to produce and award approved (Ga.), 329

ATTORNEYS' FEES

– American Law Inst. meeting on principles of aggregate litigation, 523
– Anti-lock braking system, Cal. private enforcement fee provision not applicable in N.J. (3d Cir.), 806
– Brakes, Kia Sephia owners awarded $6M (N.J. Super. Ct.), 595
– Defibrillator battery flaw MDL

– – Guidant, some attorneys oppose fee request in settlement fund (D. Minn.), 170; attorneys' fees dispute resolved, 189; court adopts procedures for common fund attorneys' fees, 265; court explains decision, 288; reconsideration request denied, 337
– – Medtronic, date set for common benefit attorneys' fees hearing (D. Minn.), 627

– Engine coolant-related damages, GM agrees to settlements (Cal. Super. Ct, Mo. Cir. Ct.), 396
– Gasoline contamination class action, fee allocation criticized (5th Cir.), 140
– Lead paint, contingent fee attorneys approved when assisting (Cal. Ct. App.), 447; (Cal., rev granted), 713
– Peanut butter salmonella contamination claims sufficiently stated (N.D. Ga.), 548; 2 classes denied due to individual issues and refund program, 732

ATVs

See ALL-TERRAIN VEHICLES (ATVs)

ATYPICAL ANTI-PSYCHOTIC DRUGS

– Zyprexa

See ZYPREXA

AUSTRALIA

– Drug maker inspections, HHS announces pilot project with EU and Australia, 671

AUTOMOBILE INDUSTRY

– Defect investigations

See INVESTIGATIONS

– Recalls, BNA monthly report, Dec., 41; Jan., 154; Feb., 249; April, 479; May, 562; June, 673; July, 764; Aug., 859; Sept., 999

AUTOMOTIVE EQUIPMENT

See also MOTOR VEHICLES
– Air bags

See AIR BAGS

– Brakes

See BRAKES

– Door latches

See DOOR LATCHES

– Floor mats, defect investigations, NHTSA, 652
– Fuel systems

See FUEL SYSTEMS

– Import safety, NHTSA seeks comments on best practices, 607; notice temporarily withdrawn, 653; NHTSA publishes notice, 696; makers comment, call for identifying marks, 831
– Lighting

See LIGHTING EQUIPMENT

– Platform lifts, lighting and threshold warning signs, requirements proposed, 15
– Recalls, BNA monthly report, Dec., 41; Jan., 154; Feb., 249; April, 479; May, 562; June, 673; July, 764; Aug., 859; Sept., 999
– Roof strength

See ROOF STRENGTH

– Steering systems

See STEERING SYSTEMS

– Windows

See WINDOWS

– Windshield wipers

See WINDSHIELD WIPERS

AVANDIA

– MDL lessons learned, Analysis and Perspective, 49
– Peer reviewer leaked study to GSK before published, 144

AXLES

– Rear-axle pinion leak, GM recalls vehicles, 17
– Torque retention crimp, Chrysler recalls vehicles, 697

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