Product Safety & Liability Reporter: Current Reports Index-Summary

BABIES

See generally CHILD SAFETY

BACKOVERS

– Nontraffic motor vehicle incidents, NHTSA releases first study, 141
– Rearward visibility measures, NHTSA examining merits, 294

BANKRUPTCY

– Asbestos, 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
– Chrysler, sale to Fiat halted pending pension funds' appeal of bankruptcy court approval (2d Cir.), 633; sales pact revised to require all warranty claims to be honored by new firm, 634; temporary stay lifted, sale of all of Chrysler's assets to new firm owned partly by Fiat finalized (U.S., rev den), 658; defective vehicles sold before bankruptcy filings will continue to cause deaths and injuries, report, 723; consumer groups and plaintiffs' attorneys petition FTC to force Chrysler to put warnings about warranty protection on used cars, 795; litigation stay modified, allows limited activity in appeal of jury verdicts, 834; Chrysler Grp. will accept product liability claims for cars produced by predecessor for incidents after bankruptcy sale final, 930; accord with man for death of wife and mother-in-law finalized, may lift litigation stay (S.D.N.Y.), 1002; accord with longshoreman killed by pickup truck with defective transmission approved (S.D.N.Y.), 1049
– Civil penalties and monetary settlements, NHTSA final rule increases chief counsel authority to compromise, 891
– General Motors, state AGs join to file objection to motion to approve sale to new entity formed only to acquire assets (Bankr. S.D.N.Y.), 719; defective vehicles sold before bankruptcy filings will continue to cause deaths and injuries, report, 723; arguments on sale of assets began, creditors object to financial stipulations, 737; bankruptcy sale requires new firm to assume liability for harm caused by old vehicles after bankruptcy, 738; accident victims and asbestos claimants fail to get delay in court order approving sale, new firm partly owned by Treasury Dep't emerges, 755
– Peanut Corp. of America, salmonella recalls, Ch. 7 protection sought (Bankr. W.D. Va.), 222
– Retailer exception against nonmanufacturer-seller may apply (N.D. Ill.), 478

BATTERIES

– Chargers, CPSC sues maker for failing to warn of defects (D. Minn.), 11
– China, Standardization Admin.. reviewing draft safety rule for lithium-ion batteries used in mobile devices and hybrid and electric cars, 1118
– iPod touch explosion, burn suit filed against Apple (S.D. Ohio), 337

BEDS AND BEDDING

See also CRIBS
– Flammability, CPSC request for comments, 453
– Recalls, monthly report, BNA, May, 675

BEVERAGES

– All natural, class may challenge label claim where corn syrup used, FDA does not intend to preempt food and beverage labeling (3d Cir.), 902
– Fruit juice snacks, class action for packaging misrepresenting nutritional content (D. Mass.), 137
– VitaminWater, nutritional content and health benefits, class action charges Coca-Cola misrepresented (N.D. Cal.), 103

BICYCLES

– Conformity testing facilities, CPSC to vote on whether to publish draft rule accrediting third party bodies, 888; accreditation criteria and process published, comments sought, 961
– Frame defects. Norco Performance Bikes recall, 608
– Handlebar breakage, Specialized Bicycle Components recall, 486
– Lead parts content

See CONSUMER PRODUCT SAFETY IMPROVEMENT ACT (CPSIA)

– Norco, CPSC recalls frames for cracks causing fall hazard, May, 675
– PowerLock connector links, SRAM bicycles, CPSC recall, 1076
– Suspension forks

– – Cannondale Bicycle Corp. recall, 608; 675
– – Trek Bicycle Corp. CPSC recall, 608; 675

BIOPHOSPHONATES

See BONE-BUILDING DRUGS

BIRTH CONTROL

See CONTRACEPTIVES

BIRTH DEFECTS

– In utero exposure, drug maker to pay compensatory damages for heart defect due to mother's use of Paxil during pregnancy (Pa. Ct. Comm. Pls.), 1083

BISPHENOL

– Cal., bill banning reusable food containers or storage of infant formula and food in containers made with substance, 641; scientific advisory panel decides against adding to list of products suspected of causing reproductive and developmental harm, 792; proposal banning in children's food and drink containers defeated, 1012
– Chicago approves ban, 580
– Congressional ban, analysis of current legislative approaches, CRS report, 503; Waxman (D-Cal) and Stupak (D-Mich) ask FDA Comm'r to review safety, seeks evaluation of safety procedures used in previous administration, 642
– Conn., bill banning sale, manufacturing, or distribution of reusable food containers or storage of infant formula and food in containers made with substance signed, 641
– Health controversy continues, Analysis & Perspective, 609
– Maryland, House approves ban on use in baby bottles and cups, 394; Senate fails to approve, 453
– Minn., legislation banning in baby bottles and sipper cups signed, 608

BLOOD PRODUCTS

– Forum non conveniens

– – Contamination, Taiwanese hemophiliacs may pursue Cal. claims (N.D. Ill.), 104; Cal. and Taiwanese limitations periods bar claim (N.D. Ill.), 448
– – HIV infection, Argentinean class action sent back to Argentina (7th Cir.), 570

BOATS AND BOATING EQUIPMENT

See also DEFENSE CONTRACTORS; MARITIME INDUSTRY
– Ethanol blended gasoline, federal law requiring use does not preempt boat owners' claims that fuel damages engines (S.D. Fla.), 128
– Sevylor tow behinds, recall, 892

BONE-BUILDING DRUGS

– Aredia and Zometa, labeling of drugs did not adequately convey risk of osteonecrosis, jury must decide expert credibility (M.D. Tenn. MDL), 908
– Fosamax

– – Degenerative jaw bone condition, plaintiff's causation experts testified that osteoporosis drug may cause but not epidemiologist (S.D.N.Y.), 832
– – Degenerative jaw, woman who developed exostosis after teeth extracted may pursue failure-to-warn claims (S.D.N.Y.), 884; jurors fail to reach unanimous verdict, 997
– – Expert witness, plaintiffs must pay to depose in Australia (S.D.N.Y.), 312
– – Jaw deterioration, patient may have claim against sales representative for misrepresenting safety and effectiveness and concealing side effects (S.D.N.Y.), 1051
– – Joinder, makers of Actonel may be added to claim against Fosamax makers (S.D.N.Y.), 132; expert testimony that drug increased risk of jaw deterioration bars summary judgment, 997

– Zometa, jury awards damages to woman for degenerative jaw condition, failed to warn doctors on risk (Mont. Dist. Ct.), 1107

BOOKS

– Lead in children's products

– – CPSIA compliance

See CONSUMER PRODUCT SAFETY IMPROVEMENT ACT (CPSIA)

– – Exemption

See LEGISLATION, FEDERAL, HR 1692

– – Industry testing shows no lead danger, 110

BRAKES

– Antilock, cars, light trucks, vans, and SUVs, no effect on preventing fatal crashes but effective overall, NHTSA report, 942
– Asbestos

See ASBESTOS

– Defect investigations, NHTSA

– – ABS control module fire hazard, effectiveness of repairs to 2007 Ford Escape and Mazda Tribute, 487
– – Bosch ZOHT and ZOPS brake pads, 509
– – Buses

– – – New Flyer transit buses, braking concern, 296
– – – Thomas school buses, faulty brake hoses, 142; entrance door glass, NHTSA recall report, 1021

– – Honda Odyssey, 606
– – Honda Passport/Isuzu Rodeo, suspension problem that could cause loss of control, 725
– – Lamps

– – – BMW, brake lamps, tail lamps, and turn signals, 892
– – – GM and Isuzu pickup trucks, 296
– – – Hyundai, stop lamp switch failures, 114; recall announced, 487

– – Mack and New Flyer, brake system factors causing extended stopping distances when braking, 725
– – Trucks

– – – Diminished performance, Mack Truck models, 230
– – – PACCAR air chamber mounting brackets in Kenworth and Peterbilt trucks, 296

– Electronic stability control systems

See ELECTRONIC STABILITY CONTROL SYSTEMS

– Lamps

– – General Motors recalls Pontiac G6, 198
– – GM and Isuzu, brake lamp switch, recall, 892
– – Mitsubishi Outback, faulty lights prompt company recall, 16
– – Trailers with external malfunction indicator lamps, NHTSA extends requirement, 293; final rule published, 944

– Motorcycles

– – 2008-2009 models FLSTSB, FXSTSSE2, and FXSTSSE3, Harley Davidson, 772
– – Antilock brakes help reducing fatal crashes, speaker says, 170

– Pontiac and Toyota, NHTSA recall report, 1021
– Recalls, monthly report, BNA, Dec., 675; 772
– Subaru Baja, cracks in fuel hose connection allows leak, poses fire hazard, 892
– Transmission shift interlock device, NHTSA proposing safety standard requiring automatic transmission vehicles to have to protect children from rollaways, 943
– Trucks

– – GM C/K series GMT800, ABS corrosion leading to brake failure, no class action for unjust enrichment (N.D. Ill.), 408
– – Large, NHTSA issues new standards to improve stopping distances, 820

BREAST IMPLANTS

– Preemption, Medical Device Amendments bars state law claims for rupture, would impose different requirements in addition to federal ones (D. Ariz.), 1104
– Strict liability, claim for device implanted before approval preempted (M.D. Tenn.), 331

BUDGET AND MANAGEMENT OFFICE (OMB)

– Regulatory review criteria, lawmakers, lawyers, and experts differ, Special Report, 417

BUILDING AND CONSTRUCTION

– Deck material allegedly prone to mold, settlement approved (W.D. Wash.), 105
– Drywall manufactured with sulfur in China

See CHINA

– Grout sealant, no strict liability against sole wholesale distributor, not actively involved in design, but may be negligent (N.D. Ga. MDL), 807
– Kitec plumbing system, JPML consolidates product liability claims (N.D. Tex.), 1086
– Plywood, formaldehyde emissions, property damage claim to go to trial (M.D. Pa.), 445
– Roof sealant, breach of implied warranty claim, judgment as matter of law for defendant reversed (Tex. Ct. App.), 186
– Shower pans, individual claims predominated over common questions, class certification for design defects rejected (Cal. Ct. App.), 1111
– Windows, insulating gas leakage, fraud claims fail to meet Rule 9(b) pleading requirements (8th Cir.), 446

BURDEN OF PROOF

– Heeding presumption, Nev. law does not recognize presumption that warning would make smoker quit before cancer (Nev.), 716
– Spark sensing system, history of successful use relevant to undermine inference of defect since manufacture, workers hurt in assembly line explosion have no claim (Pa.), 1082

BUSES

– Articulated buses, NHTSA investigation of N. Am. Bus models 60-BRT and 60LFW opened, 416
– Blue Bird Vision

– – Lid gasket on power steering reservoir, recall, 892
– – Radiator cooling fans investigated, 230; NHTSA investigating power steering reservoir gasket failures, 673; NHTSA recall report, 1021

– Daimler Trucks, handrails and transmission problems lead to recalls, 115
– Design, manufacturing, and marketing defects, families of nursing home residents who died in crash while evacuating for Hurricane Rita get damages, accord (Tex. Dist. Ct.), 663
– Economic loss doctrine, no exception recognized when only defective engine destroyed in sudden bus fire (Tenn.), 930
– Girardin school and nonschool minibuses, NHTSA recall report, 1021; nonschool buses, 1021
– Motor coaches

– – Motor Coach Indus. 102D motor coaches, NHTSA defect investigation opened, electrical wiring, 1015
– – NTSB acting chair urges equipping with seat belts voluntarily, 645

– Motor vehicle safety, NHTSA proposes hike in maximum for safety rules involving school buses, bumper standards, consumer information and other standards, 701
– Navistar school buses, LED light kits, recall and replace, 892
– New Flyer transit buses, braking concern prompts NHTSA investigation, 296
– Orion VII, NHTSA investigating transom windows to determine whether loose screws supplied to other vehicle makers, 945
– Research and tests discussed at bus safety summit, 291
– Rollovers, Utah crash

– – Driver fatigue blamed, 486
– – Full safety review ordered by DOT in light of accident, 508

– Safety, NHTSA proposes hike in maximum for safety rules involving school buses, bumper standards, consumer information and other standards, 701
– Safety standards upgrade, Brown (D-Ohio) and Hutchison (R-Texas) to reintroduce legislation, 293; further action, see LEGISLATION, FEDERAL, S 554
– Side destination signs, short circuit causes fire hazard, recall, 1077
– Stop arm assemblies, 00290LED light kits, Specialty Mfg., 772
– Thomas Built

– – Accelerator pedals sticking, NHTSA probe opened, 1075
– – Entrance door glass, crash potential, recall, 1077
– – Faulty brake hoses, NHTSA opens probe, 142

– Transportation Collaborative line, NHTSA public hearing whether duty to inform owners, purchasers, and dealers of efforts to remedy defects met, 1039
– Wheelchair lifts

See WHEELCHAIR LIFTS