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Vol. 37, Nos. 1-42, pp. 1-1120 Jan. 5 -- Oct. 26, 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, accelerator, 1116
– Ford
– – Excursion and pickups, pedal design defects, warranty breach claim class certified (Okla.), 477; (U.S., rev den), 1066
– 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 – IBD, new trial ordered in light of Levine case (N.J. Super. Ct. App.), 330 – Suicide, mother failed to show how drug makers should have known of link without signs of depression (11th Cir.), 693
– 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, suits against contraceptive maker in Philadelphia consolidated, likely to be U.S. center for state litigation (Pa. Ct. Comm. Pls.), 1032 – Relacore, certification of class claims, individual issues predominate, and no causal nexus between defendants' conduct and loss (N.J. Super. Ct.), 935 – 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
– Defective milking system, dairies have tort claims if they can show damage to cows, not just lower productivity (Idaho), 952
– 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 – 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
– 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 – 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; Accura vehicles added, 892 – 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
– Carbon dioxide, EPA considering short-term exposure limit and total ceiling limit for ozone-depleting 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
– Airplane crash, aircraft maker was military contractor immune from suit where government approved specifications (11th Cir.), 736
– Airworthiness in icy conditions, MDL judge refuses to hold trial on common issues (D. Kan.), 248 – Chinese airplane crash, stay of consolidated cases granted to allow litigation to proceed in China (Cal. Ct. App.), 281 – Federal Tort Claims Act, 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 – 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
See SIRENS
– Child booster seats, NTSB applauds state for adopting law requiring, 725
– Expansive role being used to enforce international human rights, Analysis & Perspective, 419
– Lead standards
– Recreational off-road vehicles (ROVs)
– – Buggy Standard, Bad Boy Enters. recalling serial numbers between 85004828 and 95010404, accelerator, 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 than other antibiotics (D. Minn.), 1034 – Minocycline, failure-to-warn claims against generic drug maker not preempted (N.D. Ill.), 381 – Trovan, maker announces accord with Nigerian state for deaths and permanent injury of children tested during epidemic of measles, cholera, and meningitis, 865
See also ANTIPSYCHOTICS
– Effexor, post-suicide warnings properly excluded, jury verdict for maker upheld (7th Cir.), 217 – Federal regulatory approval does not preempt Pa. law failure to warn claims (U.S., dec), 274; remanded to 3d Cir. for reconsideration, 306; briefs on effect of Levine filed (3d Cir.), 473; FDA orders promethazine makers to modify labeling to state than intramuscular injection is preferred method of administration, Analysis, 1094 – Lexapro and Celexa, class certification in multidistrict proceeding for economic damages for lack of suicide risk warning denied (E.D. Mo.), 626 – Paxil
– – 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. Comm. Pls.), 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 – – Stepfather suicide, unadopted stepchildren may not bring Tex. wrongful death claim (Tex. Ct. App.), 716 – Paxil, broken pill claims, nationwide settlement given preliminary approval (D.P.R.), stay sought pending approval of settlement (Cal. Super. Ct.), 280 – Phenergan, failure-to-warn of suicide, case remanded in light of Colacicco (3d Cir.), 497; FDA requiring drug makers to add warning to label addressing risks, 1009 – Prozac, son of man who killed self and wife during treatment seeks new scheduling order to allow for substitute expert (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 (D. Mass.), 835
– – Off-label prescriptions, class action seeking reimbursement decertified (Pa. Ct. Comm. Pleas), 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 – – 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
– – Flammability, CPSC request for comments, 453 – – Lead – Flammability
– – Children's garments, CPSC request for comments, 453
– – Expert testimony to prove defect not required, injured woman's claim did not present enough proof (3d Cir.), 7
– – Buster Brown clogs, CPSC recalls for choking risk from decorative wheels, 819
– – Children's flip flops, excessive lead prompts CPSC recall, 291 – – Shoe inserts, expert witnesses, physician letters fail to meet standards (Mass. App. Ct.), 501 – KOMAN Sportswear, hooded sweatshirts, strangulation hazard, 892 – Propac, children's hooded sweat shorts, 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
– 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 – Floor cleaners
– – Majestic 360 vacuum, burn hazard, HMI Industries, 545
– – Thane H2O Mop steam cleaners, model numbers 808.092 and OEM-TV-001, 820; 892 – Oil-fired furnaces, Rheem, Ruud and United Refrigeration models sold from January 2006 through December 2008, Rheem Manufacturing Co., 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 pass laws requiring, 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
See also PAIN RELIEF PRODUCTS
– 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
– 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 but pretrial accords will 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
– – Cal., 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 – – Indirect, woman who got mesothelioma after washing family work clothing may pursue claim (M.D. La.), 1030 – – Take home liability, companies not liable to families for asbestos carried home by family members (Del.), 312
– 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
– Fees, implantable defibrillator litigation, allocation of settlement funds to counsel set by court (D. Minn.), 9; court declines to rule on objections to allocations, 250
– Fen-Phen, class counsel award upheld where lower court used transparent procedures and thoroughly analyzed based on appropriate data (3d Cir.), 1084
See also MOTOR VEHICLES
– Accelerator control systems
See AIR BAGS
See BRAKES
See CHILD RESTRAINTS
See DOOR LATCHES
– Engine cooling, Volvo Cars recalling 2008-9 S80, V70, and XC70 vehicles, 702 – Headlights
See HEADLIGHTS
– Ignition coils, Saab 9-3, 2007, NHTSA defect investigation, 822 – Import safety, NHTSA best practices supported by importers in comments, 15 – Motorcycle helmets, KBC Magnum, 2007-2008, 772 – 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 – Tempered windows, NHTSA rule bars W. Va. tort claims against Ford for failing to use laminated glass (W. Va.), 708 – Tires
See TIRES
See MOTOR VEHICLES
– Defect investigations
See AUTOMOTIVE EQUIPMENT; specific parts and functions
– Multidistrict litigation court remands 15 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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