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CADMIUM

– Norway, ban on use in consumer goods proposed, 720
– Toys, Wash. governor signs bill setting standards, 342

CALIFORNIA

– Air conditioning equipment, worker's phosgene gas exposure claim dismissed (Cal.), 328
– Anti-lock braking system, private enforcement fee provision not applicable in N.J. (3d Cir.), 806
– Asbestos

– – Aerospace sealants and parts, future noneconomic damages vacated as excessive, review denied (Cal.), 237
– – Boiler installation, choice-of-law review in Okla. construction worker's claim (Cal.), 545
– – Drywall materials, suit reinstated, transfer to Tenn. court rejected (Cal. Ct. App.), 13
– – Navy welder awarded $21M (Cal. Super. Ct.), 286

– Bextra and Celebrex MDL, settlement announced (N.D. Cal.), 1053
– Bisphenol-A

– – Children's products, bill seeks ban, hearing held, 373; bill rejected, 809
– – Hard-plastic sports bottles, Cal. woman files class action (E.D. Cal.), 443

– Body wrap weight-loss treatment, woman's health claims not time-barred (E.D. Cal.), 1056
– Botox off-label uses, suit alleges risks not fully disclosed (Cal. Super. Ct.), 688
– Breast implants, French defendant ordered to pay interest from date of breach of settlement (Cal. Ct. App.), 627
– Bumbo Baby Sitter, personal jurisdiction found over S. African maker (N.D . Cal.), 548
– Children's products, bill seeks ban on bisphenol-A and lead, hearing held, 373; bisphenol-A ban rejected, 809
– Contrast dye, gadolinium-based

– – Distributors not fraudulently joined, suit remanded (N.D. Cal.), 665
– – MDL, couple's suit remanded to Cal., drug distributor not fraudulently joined (N.D. Ohio), 877

– Crankshafts, airplane owner class decertified (E.D. Cal.), 414
– Defibrillators, flawed Sprint Fidelis leads, consolidation sought (J.P.M.L.), 30; consolidation granted, 209; wrongful death suit transferred (E.D. Tex.), 958
– Dodge Neon oil leaks not warranty breach, fraud claims time-barred (9th Cir.), 645
– Engine coolant-related damages, GM agrees to settlements (Cal. Super. Ct, Mo. Cir. Ct.), 396
– Explorer rollover, punitive award affirmed, says not for harm to third parties (Cal. Ct. App.), 258; whether due process violated (Cal., rev grant), 687
– Flame retardants, high levels found in blood and in household dust, 965
– Green chemistry, state effort examines option to protect consumers, 504; Cal. lawmakers pass bill to provide authority to regulate toxic chemicals in consumer products, 829
– Heart valves, preemption upheld (Cal. Ct. App.), 59
– Hewlett-Packard

– – Laptop screens defective, class upheld (Cal. Ct. App.), 952
– – Printers, claims about low ink warnings allowed but national class certification denied (N.D. Cal.), 755

– Hormone replacement therapy, class certification denied, named plaintiff does not represent class (S.D. Cal.), 204
– Ibuprofen, challenge to OTC drug label preempted (N.D. Cal.), 596
– Incontinence treatments, device allegedly causes severe injuries (C.D. Cal.), 116
– IUD as cause of infertility, claims time-barred (9th Cir.), 663
– Land Rover alignment defect, class actions rejected (C.D. Cal.), 986
– Lead

– – Children's products, bill seeks ban, hearing held, 373
– – Paint, contingent fee attorneys approved when assisting (Cal. Ct. App.), 447; (Cal., rev granted), 713

– Metoclopramide, preemption rejected, suit reinstated (Cal. Ct. App.), 951; petition filed to reconsider no preemption decision, 1022
– Motrin allegedly caused blindness, Johnson & Johnson exonerated (Cal. Super. Ct.), 735
– Organic labeling of cosmetics subject of dueling suits (Cal. Super. Ct.), 448
– Paraquat, jury rejects claims caused highway worker's death (Cal. Super. Ct.), 370
– Paxil

– – Deceptive advertisement, drug maker unable to block certification (Cal. Ct. App.), 923
– – Teenager's suicide, warning claim barred (E.D. Cal.), 137

– Perfluorooctanoic acid, food packaging ban rejected, 809
– Pesticides, 99 Cents Only Stores face FIFRA fines, 968
– Pondimin and Redux claims against prescribing doctor timely (E.D. Pa.), 825
– Proposition 65

– – Baby furniture makers failed to warn of formaldehyde emissions (Cal. Super. Ct.), 928
– – Potato chip makers, Cal. settles with makers, to reduce acrylamide levels (Cal. Super. Ct.), 757
– – Vinyl diaper bags, CEH threatens suit due to lead, 319

– Recalled consumer products, new law bans sale and resale, 1030
– 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
– Salmon-colored farmed 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
– Sony Vaio notebooks with defective solder joints, class action dismissed due to expired warranty (N.D. Cal.), 717
– Swiss bank accounts, warnings that U.S. Constitution does not protect not needed (N.D. Cal.), 114
– Taser guns

– – Wrong-draw case rejected (9th Cir.), 490
– – Wrongful death award upheld (N.D. Cal.), 575

– Testicular prosthesis, state suit preempted (Cal. Ct. App.), 85
– Tires, defense verdict reversed, evidence of private life “unduly prejudicial” (Cal. Ct. App.), 774
– Tobacco industry

– – Diagnosis starts clock ticking for later claims (N.D. Cal.), 576
– – Loss of consortium claim, whether res judicata applies to wrongful death suit (Cal.), 547
– – Punitive damages based on harm to nonparties tossed (Cal.), 136; (rev den), 471

– Viagra, N.Y. not appropriate forum for plaintiffs prescribed drugs in Cal. and Ariz. (N.Y. Sup. Ct.), 186
– Window leaks, expert issues doom homeowner class certification (Cal. Ct. App.), 641
– Yogurt buyers sue Dannon claiming unsubstantiated health benefits (C.D. Cal.), 169

CAMCORDERS

– Samsung announces settlement over blank screens (E.D. Mich.), 957

CAMERON GULBRANSEN KIDS AND CARS SAFETY ACT

– NHTSA Outlook 2008, 74
– Truck rearview rule, NHTSA withdraws to focus on more comprehensive effort, 723

CANADA

– Asbestos workplace exposure suit dismissed, forum non conveniens adopted (R.I.), 516
– Bisphenol-A

– – Actions should encourage U.S. state legislators, 425
– – Baby bottle ban proposed, 1062
– – Ban, Health Minister proposes, 423
– – Retailers take BPA products off shelves, 402

– Defibrillators

– – Guidant, class action approved (Ontario Super. Ct.), 417
– – Riata leads, class alleges design flaw (Ontario Super. Ct.), 418

– Radiation therapy devices, case dismissed for lack of personal jurisdiction over maker (5th Cir.), 371

CANCER

See also specific substances
– Erythropoiesis-stimulating agents, FDA announces revised warnings and label changes, 266; advisers recommend restrictions and patient consent, 316

CANDLES

– Pottery Barn recalls, fire hazard, 95
– Sun-shaped candle holders, Home Depot recalls, fire hazard, 527

CARBON MONOXIDE

– Floods in Midwest, CPSC warns of generator and other appliance hazards, 320

CARDIAC CATHETERS

– FDA premarket approval triggers preemption (U.S., aff), 182; Leahy (D-Vt) says Supreme Court preemption rulings warping congressional intent, 602; AdvaMed panel discusses liability risks for devices, 929

CARPETS

– Shag rugs made of cotton jersey, Crate and Barrel recalls, fire hazard, 585

CAT FOOD

See PET FOOD

CATHETERS

– Cardiac catheters, FDA premarket approval triggers preemption (U.S., aff), 182; Leahy (D-Vt) says Supreme Court preemption rulings warping congressional intent, 602; AdvaMed panel discusses liability risks for devices, 929
– Dislodged, 120-day limit on process of services does not apply to foreign companies but case dismissed for lack of personal jurisdiction (N.D. Ohio), 875
– Epidural catheter maker awarded judgment where proof pointed to nurse's negligence (W.D. La.), 208

CAUSATION

– Air bags

– – Expert evidence needed to establish causation (N.Y. App. Div.), 664
– – Tenn. consumer-expectation test used in non-deployment case (6th Cir.), 730

– Arsenic in chicken waste, exposure as cause of leukemia, multi-defendant causation test applied (Ark.), 496
– Asbestos

– – Brake linings, frequency and regularity exposure tests adopted (Pa.), 58
– – Fla. law tightening exposure standards does not apply retroactively (Fla. Dist. Ct.), 545

– Car rolled backward down driveway, plaintiff's expert lacked support from factual record (N.J. Super. Ct.), 1055
– Depo-Provera, judgment to maker in suit by woman with low bone density (N.D . Fla.), 689
– Dryer fire case to proceed on evidence (Tex. Ct. App.), 171
– Elidel, parents of toddler unable to prove drug caused lymphoma (E.D. Pa.), 685
– Ephedra suit remanded on question of medical knowledge (2d Cir.), 821
– Fosamax, certification denied for three state medical monitoring classes (S.D.N.Y.), 63
– Hormone replacement therapy as cause of breast cancer, N.J. woman to appeal statute of limitations and causation decisions (Pa. Ct. C.P.), 61
– Lead paint public nuisance suits

– – Municipalities, various rulings, 640
– – R.I. suit, paint makers appeal verdict, argue cumulative nuisance unconstitutional (R.I.), 163; amicus brief filed, 165; Webcast of oral arguments offered, 470; suit rejected, claims fall outside public nuisance law, 640; Analysis and Perspective, 834

– Light cigarette marketing, RICO class decertified due to individual issues (2d Cir.), 367
– Motorcycles tire failure, $15M jury award upheld despite not showing exact cause of defect (C.D. Ill.), 574
– Mussels undercooked, experts didn't adequately connect hepatitis (D. Md.), 782
– OxyContin, judgment to maker, unable to prove drug caused addiction (W.D.W.Va.), 988
– Paraquat, jury rejects claims caused highway worker's death (Cal. Super. Ct.), 370
– Parlodel, woman died of seizure, compensatory award affirmed, causation proof properly admitted (Ky.), 491
– Paxil, wrongful death

– – Causation, family seeks reversal of defense judgment (D. Kan.), 111
– – Learned intermediary doctrine and estoppel defeat suit (E.D. La.), 235

– Polio vaccine allegedly caused brain cancer, defense judgment upheld (3d Cir.), 899
– PPA, deceased man's statements to children can't link drug to stroke (N.D. Ill.), 108
– Prozac, better warning would not alter prescription (N.D. Ga.), 261
– Taser guns, wrongful death suit dismissed (D. Nev.), 925
– Tire pressure monitoring, Public Citizen lacks standing to challenge (D.C. Cir.), 125
– Tobacco-related illnesses, findings from predecessor smoking class rejected without enforceable judgment (M.D. Fla.), 843
– Vaccines

– – Injury suit dismissed when government expert more credible (Fed. Cir. Ct), 874
– – Preservative, neurological damage claims preempted (Pa. Ct. Comm. Pls.), 892

– Viagra MDL, plaintiffs and Pfizer file Daubert motions (D. Minn.), 6; some experts allowed, other excluded, 394
– Vioxx

See VIOXX

– Welding fume MDL, $20M award affirmed due to adequate expert proof on causation (N.D. Ohio), 750
– Zyprexa, wrongful death suit allowed, causation experts allowed (Me.), 493

CELEBREX

– MDL, request for peer-review journal article documents denied (N.D. Ill.), 313; another court denies request for documents (D. Mass.), 369; settlement announced (N.D. Cal.), 1053

CELEXA

– MDL lessons learned, Analysis and Perspective, 49

CELLULAR TELEPHONES

– Apple iPhone 3G, class complaint alleges connection problems (N.D. Ala.), 820
– Biological injury claims, insurer must defend class suits (Tex.), 847
– Child seat and tire recall notification, NHTSA launches system, 321
– Class action notice, Analysis and Perspective, 531
– Radio-frequency emissions, FCC actions preempt class action suit (E.D. Pa.), 871
– SoundStation2W wireless conference phone battery packs, Polycom recalls, fire or burn hazard, 555

CERTIFICATION REQUIREMENTS

– ATVs, CPSC holds public meeting, 1029
– Bus rollover crash, NTSB hearing on safety of foreign-made motorcoaches, 995
– CPSIA

– – Analysis and Perspective, 974
– – Mullan says CPSC wants to ensure compliance, 964
– – Third-party lab testing of cribs and pacifiers, CPSC sets policy, 1059

– Toy group establishes safety program ahead of proposed bill, 524

CHANTIX

– Pfizer updates label to include behavior changes, 118

CHEMICALS

– Cabot Composite Cleaner, Cabot Stains recalls, fire and inhalation hazard, 343
– Date of last exposure rule overruled, suit time-barred (Ala.), 135
– Green chemistry, Cal. effort examines option to protect consumers, 504; Cal. lawmakers pass bill to provide authority to regulate in consumer products, 829
– Labeling

– – CPSC to compare FHSA and GHS, 881
– – European Parliament clears legislation to adopt U.N. standards, 881

– Outdated federal policies discussed at House panel hearing, 582
– Pesticides

See PESTICIDES

– Pool cleaner, no loss of smell evidence, medical testimony barred (E.D. Tenn.), 647

CHILD RESTRAINTS

– Booster seats

– – NHTSA proposes incorporation of test and seating policy, 98; comment period extended, 320; NHTSA defers use of 6-year-old dummy, final rule excludes preemption language, 761
– – Use remains at 37 percent, 127

– Bumbo Baby Sitter, personal jurisdiction found over S. African maker (N.D . Cal.), 548
– Defect investigations, NHTSA, 248; 274; 813
– Ease of use ratings, NHTSA unveils star-based rating system, 126
– Lap belt locking requirement, NHTSA proposes retaining mandate, 883
– NHTSA Outlook 2008, 74
– Nursery product related injuries and deaths, CPSC releases report, 213
– Recalls

– – Centre, Centre ARB, and Shuttle seats, Combi USA recalls, base could separate, 248
– – Discovery Evenflo child restraints

– – – Detachment hazard, recalled, 345
– – – Handle release defect, recalled, 153

– – Elastic straps, Dorel Juvenile Group recalls Cosco Regal Ride and Touriva, 17
– – KeyFit infant car seats and Cortina travel systems, Chicco USA recalls bases, injury risk, 561
– – Latch-Loc car seats, Baby Trend recalls, detachment hazard, 634; more models recalled, 745
– – Notification, NHTSA launches system, 321
– – Recaro N. Am. recalls Como and Signo convertible restraints, 218

– Use increased in 2007, NHTSA observational survey, 404; Safe Kids USA credits rise to seat check program, 588

CHILD SAFETY

– ATVs, CPSC releases death and injury report, 192
– Bisphenol-A

See BISPHENOL-A (BPA)

– Clothing

See APPAREL AND GARMENT INDUSTRY

– Consumer advocate groups bring their concerns to CPSC over product hazards, 191
– Cough and cold drugs, FDA says OTC medicines not for use by children under 2 years old, 93; industry updating labels to ensure safety, Public Citizen tells FDA to ban for children under 12, 991
– CPSC reforms

See LEGISLATION, FEDERAL, HR 4040, S 2045, S 2663

– Craigslist, Ill. AG Madigan blasts CPSC over sales of recalled products, 990
– Cribs

See CRIBS

– Foreign maker accountability, Analysis and Perspective, 219
– Lead hazards

See LEAD; LEAD PAINT

– Motor vehicles, Cameron Gulbransen Kids and Cars Safety Act, NHTSA Outlook 2008, 74
– Nursery product related injuries and deaths, CPSC releases report, 213
– Nursing pillows, Boston Billows seeks exemption from ban, 119; CPSC votes to prepare rule, 174; CPSC approve draft exemption proposal, 828
– Phthalates

See PHTHALATES

– Portable gas cans must meet child-resistance requirements, 720
– Recalls

– – Blankets with satin edge, Douglas recalls, strangulation hazard, 527
– – BNA monthly report, Dec., 41; Jan., 154; Feb., 249; April, 479; May, 562; June, 673; July, 764; Aug., 859; Sept., 999
– – Butterfly baby carrier, Beco Baby Carrier recalls, fall hazard, 428
– – Pacifiers

– – – Baby Town, Shims Bargain recalls, choking hazard, 70
– – – It's My Binky recalls, choking hazard, 721

– Submersion hazards memo released, warns of drownings in buckets and bathtubs, 969
– Tainted dairy products

See BEVERAGES

– Third-party lab testing of cribs and pacifiers, CPSC sets accreditation policy, 1059
– Toys

See TOYS AND GAMES

– Water bottles, Pottery Barn Kids recalls, choking hazard, 904

CHINA

– Bilateral investment treaty talks set, 965
– Child safety accountability, Analysis and Perspective, 219
– Dumplings poison many Japanese, raising more questions about import safety, 148; history of trade safety problems, 148
– Food safety

– – Law, draft published, 426; national congress reviews latest draft, 1064
– – UN calls for improvements, outlines priorities, 1061

– Heparin

See HEPARIN

– Imports, CRS report cites economic implications of product safety and quality concerns, 69
– Supply chain, attorney tells CPSC that compliance and ethics programs needed, 552
– Tainted dairy products

See BEVERAGES

– Tires, NHTSA closes probe when no similar imports found faulty, 856
– Toys, China displeased, new law removes some authority on exports to U.S., 865
– Wal-Mart Stores issues new safety standards for Chinese suppliers and subcontractors, 1061

CIGARETTES

See TOBACCO INDUSTRY

CIREN

See CRASH INJURY RESEARCH AND ENGINEERING NETWORK (CIREN)

CLASS ACTION FAIRNESS ACT

– Bowflex machines, Nautilus moves class action to federal court (Ark.), 113
– Cardozo School of Law Conf., Special Report, 378
– Tobacco mass tort, federal court has jurisdiction even if later it severs claims (M.D. Fla.), 872
– Tulane Law Review, multidistrict litigation conference, Analysis and Perspective, 302

CLASS ACTIONS

– Air conditioner corrosion class action, owner not entitled to recover losses (N.D. Okla.), 666
– American Law Inst. meeting on principles of aggregate litigation, 523
– Apple iPhone 3G, class complaint alleges connection problems (N.D. Ala.), 820
– Arbitration, Analysis and Perspective, 431
– Aredia and Zometa

– – MDL, 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

– Attorneys' fees

See ATTORNEYS' FEES

– Bisphenol-A

– – Analysis and Perspective, 1006
– – Hard-plastic sports bottles, Cal. woman files suit (E.D. Cal.), 443

– Bone plates allegedly cause ligament damage, certification sought (D.N.J.), 143
– Bowflex machines, Nautilus moves suit to federal court (Ark.), 113
– Brakes

– – Anti-lock braking system, Cal. private enforcement fee provision not applicable in N.J. (3d Cir.), 806
– – GM multistate class action, deferral of state law analysis approved (Ark.), 620
– – Kia Sephia

– – – Fla., class decertified (Fla. Dist. Ct. App.), 595
– – – N.J. owners awarded $6M (N.J. Super. Ct.), 595

– Bumbo Baby Sitter, personal jurisdiction found over S. African maker (N.D . Cal.), 548
– Camcorders, Samsung announces settlement over blank screens (E.D. Mich.), 957
– Cardozo School of Law Conf., Special Report, 378
– Cellular telephones

– – Insurer must defend class suits alleging biological injury (Tex.), 847
– – Radio-frequency emissions, FCC actions preempt class action suit (E.D. Pa.), 871

– Chicken raised without antibiotics claim, consumer class (J.P.M.L.), 662
– Composite decking material, black mold stains lead to suit (W.D. Wash.), 264
– Crankshafts, airplane owner class decertified (E.D. Cal.), 414
– Defibrillators

See DEFIBRILLATORS

– Dell memory capacity, class action ban in arbitration provision unconscionable (N.M.), 660
– Diet Coke, class decertified, claims led to believe fountain product same as bottled (Mo.), 420
– Dodge Neon oil leaks not warranty breach, fraud claims time-barred (9th Cir.), 645
– Engine coolant-related damages, GM agrees to settlements (Cal. Super. Ct, Mo. Cir. Ct.), 396
– Fosamax, certification denied for three state medical monitoring classes (S.D.N.Y.), 63
– Gasoline contamination, attorney fee allocation criticized (5th Cir.), 140
– Genetically modified rice MDL, complexity of damage calculations defeats class bid (E.D. Mo.), 802
– Heart valves, individual issues predominate (8th Cir.), 366
– Heparin

See HEPARIN

– Hewlett-Packard

– – Laptop screens defective, class upheld (Cal. Ct. App.), 952
– – Printers, claims about low ink warnings allowed but national class certification denied (N.D. Cal.), 755

– Hip prostheses, noisy implants, suit fails to state cause of action (D.N.J.), 90
– Honda under-hood fires, class certification vacated, judge removed (9th Cir.), 756
– Hormone replacement therapy, certification denied, named plaintiff does not represent class (S.D. Cal.), 204
– Inert gas filled windows, modified class certified, decision appealed (E.D. Wis., 7th Cir.), 416
– Land Rover alignment defect, suits rejected (C.D. Cal.), 986
– Lead paint, “Thomas & Friends” railway toys, Ill. consumer class settlement approved (Ill. Cir. Ct.), 86
– Light cigarette marketing

– – Federal labeling law does not preempt state fraud claims (Minn. Ct. App.), 12
– – RICO class decertified due to individual issues (2d Cir.), 367

– Lipsticks contain high lead levels

– – Christian Dior suit (N.D. Ill.), 713
– – L'Oreal products (N.D. Ill.), 64

– Neurontin, off-label use, branded makers may be liable for generic product use (Pa. Ct. C.P.), 331
– Notice, Analysis and Perspective, 346
– Nutritional content, suit says restaurants misrepresented (N.D. Tex.), 578
– OBTape, no medical monitoring claim outside toxic tort context (W.D. Mo.), 775
– Odometers overstated mileage, suits against Nissan consolidated (J.P.M.L.), 449
– On-demand media use, Analysis and Perspective, 531
– Ortho Evra patch MDL

See ORTHO EVRA

– Passat engine fires, suit filed (D. Utah), 142
– Paxil suits

– – Deceptive advertisement, drug maker unable to block certification (Cal. Ct. App.), 923
– – Time-barred, fraudulent concealment argument rejected (D. Kan.), 236

– Peanut butter salmonella contamination claims sufficiently stated (N.D. Ga.), 548; 2 classes denied due to individual issues and refund program, 732
– Pet food

See PET FOOD

– Pondimin, repose law bars claim before accrual (E.D. Tenn.), 311
– Pontiac GTO owners class sues GM for concealing suspension and alignment problems (E.D. Cal.), 956
– Salmon-colored farmed 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
– Seat belt buckles, plaintiffs lack standing (Tex.), 139
– Sony Vaio notebooks with defective solder joints, class action dismissed due to expired warranty (N.D. Cal.), 717
– State attorneys general, use of private attorneys deserves scrutiny, reforms needed, 317
– Steering systems, nationwide class in DaimlerChrysler warranty breach suit upheld (Okla.), 658
– Stove tipovers, Sears settles class action (Ill. Cir. Ct.), 183
– Subaru fuel line repair claims tossed (D.N.J.), 287
– Televisions, rear projection high-definition, Sony settlement approved to replace optical blocks (S.D.N.Y.), 495
– Transmissions, BMW class action allowed (D.N.J.), 752
– Victoria's Secret bras as cause of skin problems, class suit alleges (N.D. Ohio), 823
– Vioxx

See VIOXX

– “Windows Vista Capable,” class of buyers certified based on price inflation theory (W.D. Wash.), 205
– Windshield wipers, class action over alleged defect tossed (8th Cir.), 733
– Yogurt buyers sue Dannon claiming unsubstantiated health benefits (C.D. Cal.), 169

CLINICAL TRIALS

– Botox, Allergan subpoenaed for documents on off-label promotion, 292
– Drug safety information, FDA launches new Web page, 1031
– Heart device, release does not absolve maker of liability in extraordinary injury (D. Minn.), 283
– Ketek, drugmaker tells House panel aware of problems with study, 171
– Oversight, GOP lawmaker's ask GAO to investigate, 291
– Spinal implant discs, suit alleges maker failed to follow FDA approval process (S.D. Tex.), 263; improper venue dismissal argument rejected, 451; plaintiff allowed to take discovery related to clinical trials, 579; venture capital firm remains defendant, 691
– Trasylol, Bayer Pharm. agrees to marketing suspension to review study, 187
– Vioxx

– – Clinical trials deemed seeding trials designed for marketing purposes, 850
– – Guest authorship and ghostwriting case study, 400

CLOTHING

See APPAREL AND GARMENT INDUSTRY

COCHLEAR IMPLANTS

– Adulterated, parallel requirements argument survives preemption claim (N.D. Tex.), 799
– Damages sought, device allegedly differs from FDA approved device (D. Mass.), 338

COLCHICINE

– Learned intermediary doctrine bars claims against hospital and pharmacist (Ala.), 265

COLD REMEDIES

See DECONGESTANTS

COLLATERAL ESTOPPEL

See ESTOPPEL

COLLISION AVOIDANCE TECHNOLOGIES

See CRASH AVOIDANCE

COLORADO

– Boat steering cable broken, no dismissal despite some prejudice from spoliation (D. Colo.), 11
– Sandwiches allegedly tainted, Univ. of Colo. sophomore sues (Colo. Dist. Ct.), 1057

COMPARATIVE FAULT

– Asbestos, Navy welder awarded $21M, will only receive part due to settlement (Cal. Super. Ct.), 286
– Bus accident verdict thrown out, jury must decide settling parties fault (Tex. App. Ct.), 922
– Hedge clippers not faulty, worker negligent (E.D. Pa.), 734
– Telephone used in suicide, breach of implied warranty considered tort claim subject to proportionate responsibility limitations (Tex.), 643
– Tread separation, jury finds Cooper tire flawed, $1.5M verdict returned (Fla. Cir. Ct.), 313

COMPUTERS

– Dell memory capacity, class action ban in arbitration provision unconscionable (N.M.), 660
– Hewlett-Packard

– – Laptop screens defective, class upheld (Cal. Ct. App.), 952
– – Printers, claims about low ink warnings allowed but national class certification denied (N.D. Cal.), 755

– Macintosh adapters, fairness hearing set to consider settlement (N.D. Cal.), 522
– Sony Vaio notebooks

– – Recall due to wiring glitch, burn hazard, 855
– – Solder joints defective, class action dismissed due to expired warranty (N.D. Cal.), 717

– “Windows Vista Capable,” class of buyers certified based on price inflation theory (W.D. Wash.), 205

CONFERENCES AND MEETINGS

– Ed. Note: A list of upcoming events appears in the Journal section of select issues.
– Advanced Medical Technology Ass'n (AdvaMed) annual conference, 929
– American Enter. Inst. Legal Center for the Public Interest and Federalist Soc'y panel discussion, 26
– American Law Inst. meeting on principles of aggregate litigation, 523
– Bilateral investment treaty with China, talks set, 965
– Board of Scientific Counselors, 583
– Cal. green chemistry workshop, 504
– Cardozo School of Law Conf. on class actions, 378
– Consumer Fed. of Am., Consumer Assembly, 120
– CPSC

– – Consumer Product Safety Improvement Act implementation public meeting set, 808; meeting held, 853
– – Lead issues roundtable set, 402; roundtable held, 501

– Crash Injury Research and Engineering Network (CIREN), public meeting set, 196
– D.C. Auto Show, 97
– European New Car Assessment Programme, Choose ESC Symposium, 652
– FDA advisory Science Board bisphenol-A panel meeting, 904; 905
– Food and Drug Law Institute annual conference, 315
– Import Safety Summit, 670; 671
– International Consortium for Fire Safety, Health and the Env't and Natl. Ass'n of State Fire Marshalls, 214
– International Consumer Prod. Health and Safety Org., Annual Meeting & Training Symposium, 190; 214
– International Economic Policy Comm. to State Department, economic engagement with China, 865
– Medical Device Mfrs. Ass'n, medical technology executive forum, 1058
– National Foreign Trade Council, food safety forum, 933
– NHTSA, Quiet-car and blind pedestrian safety meeting set, 559
– National Retail Federation, 499; 500
– NTSB hearing, 995
– Nonprescription Drugs and Pediatric Advisory Comm. joint meeting, 93
– SAE Government/Industry Meeting, 506; 508; 528
– Tulane Law Review, multidistrict litigation, Analysis and Perspective, 302
– Wal-Mart Stores and Chinese suppliers, government officials, and interest groups, 1061
– Washington Auto. Press Ass'n, Consumer Reports releases 2008 ratings, 217
– Washington Intl. Trade Ass'n forum, 68
– Washington Legal Foundation Web seminar, 317
– Windhover Information Inc., medical devices Web seminar, 290
– World Forum for Harmonization of Vehicle Regulations

– – Electronic stability control systems, meetings set, 558; meeting held, 632
– – Glazing and head restraints, 175
– – Pedestrian protection, 937

– World Health Org. annual assembly meeting, 525

CONFIDENTIAL BUSINESS INFORMATION

See TRADE SECRETS

CONGRESS, U.S.

– Ed. Note: This heading is used for administrative actions only. For coverage of legislation by bill number, see LEGISLATION, FEDERAL. For information on measures not yet assigned bill numbers, see relevant subject headings.
– Appropriation bills, lawmakers use to control agency rulemaking activities, 193
– Clinical trial oversight, GOP lawmaker's ask GAO to investigate, 291
– Heparin

See HEPARIN

CONNECTICUT

– Condylar screw plates, “unavoidably unsafe product” instruction applies in Class II or Class III device cases (Conn. App. Ct.), 550
– Hazardous substances, bill to add chemicals includes bisphenol-A, 425
– Lead in children's products, governor signs law to set stricter limits, 672
– Trasylol, defense seeks consolidation, plaintiffs oppose Conn. as forum (J.P.M.L.), 187; panel consolidates suits (S.D. Fla.), 399

CONSORTIUM

– Explorer rollover, roof crush suit, Ford reaches settlement (M.D. Fla.), 34
– Freezer door handle, experience alone sufficient to qualify expert on assembly instructions (S.D.N.Y.), 895
– Hip device maker named as defendant in suit removed to federal court, improper physician contacts also alleged (W.D. Okla.), 1027
– Pain pumps

– – Continued use, Kan. woman alleges use not design unsafe (D. Minn.), 877
– – Marketing, suit seeks to hold makers liable for degeneration of shoulder cartilage (D. Minn.), 338

– Spinal implant discs, suit alleges maker failed to follow FDA approval process (S.D. Tex.), 263; improper venue dismissal argument rejected, 451; plaintiff allowed to take discovery related to clinical trials, 579; venture capital firm remains defendant, 691
– Tobacco industry, whether res judicata applies to wrongful death suit (Cal.), 547
– U-Haul truck ran over man after brake failed, damages awarded (Tex. Cnty. Ct. at Law), 442

CONSTITUTIONAL LAW

– Due process

See DUE PROCESS

– Firearms, N.Y. public nuisance suit against gun industry tossed (2d Cir.), 466
– Preemption

See PREEMPTION

– Property rights

– – Dog leash retracted and injured eye, state tort reform law constitutional (N.D. Iowa), 987
– – Swiss bank accounts, warning labels not needed (N.D. Cal.), 114

– Stucco defective, full faith and credit governs case of plaintiff who didn't opt out of settlement (N.J.), 803

CONSTRUCTION EQUIPMENT AND MATERIALS

– Asbestos

See ASBESTOS

– Composite decking material, black mold stains lead to class action (W.D. Wash.), 264
– Concrete sealer yellowed, Ohio tort reform law defeats claims (Ohio App. Ct.), 112
– Playgrounds, CPSC announces updated handbook, 426
– Roof-truss system, exception extended to economic loss rule for risk of injury (S.C.), 896
– Scissors lifts, defect suit reinstated, erred in excluding experts (8th Cir.), 87
– Stand 'N Seal grout sealer MDL, claims to go forward against allegedly toxic ingredient (N.D. Ga.), 644
– Synthetic stucco products

– – Full faith and credit governs case of plaintiff who didn't opt out of settlement (N.J.), 803
– – Insurance, damage date governs whether policy applies (Tex.), 845

– Varathane floor-covering, expert admissibility rules constitutional (Ga.), 281
– Water line rupture, equitable subrogation allows suit by subcontractor (Tex.), 599
– Windows

See WINDOWS

CONSUMER PRODUCT SAFETY COMMISSION (CPSC)

– Ed. Note: This heading covers general administrative issues. For enforcement or regulatory actions, see specific subject headings.
– Budget

– – FY 2008 increased, 19; CPSC to upgrade labs, 119
– – FY 2009, Bush announces, includes funds for lab update, 146; Nord says budget request does not include costs of pending reform bill, 271; Senators question Nord at hearing, 452; CPSC budget request, 452; House panel approves proposal, 604

– Chemical labeling, CPSC to compare FHSA and GHS, 881
– Child safety, consumer advocate groups bring their concerns over product hazards, 191
– Delays, Public Citizen charges CPSC waiting before warning public, 120
– FOIA request backlog reduced, 784
– Import safety, Nord outlines plans, 38; CPSC seeks comments on four-pronged safety strategy, 473; comments received, 552; strategy released, 649
– Information collection extensions

– – Coal- and wood-burning appliances, 934
– – Customer satisfaction surveys, CPSC seeks comments, 555
– – Toy caps sound levels, 934

– Nanotechnology, PEN reports CPSC ill-equipped to deal with products, 808; project recommendations, 809
– Outlook 2008, 19
– Personnel

– – Career general counsel, Falvey named, 245
– – Chief of Staff, Martyak to replace Dodd, 931
– – Compliance attorneys shifted to general counsel to streamline agency, 931
– – Nominee confirmations deadlocked, BNA Report, 298
– – Quorum, CPSC takes action to ensure business continues as extension expires, 119; new law allows 2-member quorum, 828

– Recalls

– – BNA monthly recall report, Dec. 2007, 41; Jan. 2008, 154; Feb., 249; April, 479; May, 562; June, 673; July, 764; Aug., 859; Sept., 999
– – CPSC announcements, Dec. 27, 2007, 15; Jan. 3, 2008, 18; Jan. 9, 39; Jan. 11, 70; Jan. 10, 70; Jan. 17, 95; Jan. 24, 96; Jan. 29, 124; Jan. 31, 148; March 12, 272; March 11, 272; March 17, 295; March 27, 319; April 2, 343; April 8, 374; April 10, 374; April 16, 404; April 22, 428; May 1, 458; May 6, 474; 475; May 20, 527; June 5, 555; June 10, 585; June 24, 631; June 30, 650; July 17, 693; July 22, 721; Aug. 6, 761; 761; Aug. 14, 786; Aug. 26, 829; Aug. 28, 854; Sept. 3, 855; Sept. 4, 855; Sept. 10, 882; Sept. 17, 903; Sept. 16, 904; Sept. 24, 935; Sept. 30, 969; Oct. 8, 992; 993; Oct. 9, 1032; Oct. 21, 1060; Oct. 14, 1064

– Reforms

– – CPSC Modernization Act

See LEGISLATION, FEDERAL, HR 4040

– – CPSC Reform Act

See LEGISLATION, FEDERAL, S 2045, S 2663

– – Implementation

See CONSUMER PRODUCT SAFETY IMPROVEMENT ACT (CPSIA)

– – Media attention and recalls focused Congress on CPSC, symposium panelists say, 214
– – Nord says time of unprecedented opportunity for commission, 190
– – Senators announce bipartisan agreement, 190

– Strategic Plan 2003 addresses fire hazards, 693
– Underwriter's Labs. meets with CPSC for update on for-profit subsidiary plan, 374
– Vietnam, CPSC announces agreement, exchange aims to ensure safer imports, 272

CONSUMER PRODUCT SAFETY IMPROVEMENT ACT (CPSIA)

– Analysis and Perspective

– – Company requirements, 908
– – Major themes include whistleblower protections, testing and certification, compliance issues, and import safety, 974
– – Preemption and enforcement, 1037
– – Reporting requirements, 1068
– – Significant changes summary, 940

– Certification requirements, Mullan says CPSC wants to ensure compliance, 964
– China displeased, law removes some authority on toy exports to U.S., 865
– Implementation, CPSC schedules public meeting, 808; meeting held, comments sought on rulemaking, 853; comments sought on toy and games labeling, 853; CPSC wants to ensure certification compliance, 964; CPSC holds ATV public meeting, 1029
– Lead limits in children's products

– – Ban, CPSC says to be treated as hazardous substance, 902
– – Third-party testing labs, CPSC publishes accreditation requirements, 932

– Phthalate ban, advisory panel to look at cumulative exposures, 880
– Third-party lab testing of cribs and pacifiers, CPSC sets accreditation policy, 1059

CONSUMER PRODUCTS

– China, CRS report cites economic implications of product safety and quality concerns, 69
– Dog leash retracted and injured eye, state tort reform law constitutional (N.D. Iowa), 987
– Importer bonds

See LEGISLATION, FEDERAL, HR 5069, S 2081

– Japan considering one agency to administer food safety and product liability, 71; Japan to propose accident prevention center to hasten reporting and probes, 246; policy panel recommends creation of powerful agency, 554
– Port surveillance, CPSC announces monitoring plan and greater presence, 245
– Quality, ASQ reports companies need to take active role to ensure safety, 95
– Recalls, BNA monthly report, Dec., 41; Jan., 154; Feb., 249; April, 479; May, 562; June, 673; July, 764; Aug., 859; Sept., 999

CONTACT LENS SOLUTION

– MDL lessons learned, Analysis and Perspective, 49
– ReNu, inadequate responsive pleading leads court to strike Bausch & Lomb answer and defenses (N.D. Ill.), 144

CONTRACEPTIVES

– Depo-Provera, judgment to maker in suit by woman with low bone density (N.D . Fla.), 689
– IUD as cause of infertility, claims time-barred (9th Cir.), 663
– NuvaRing

– – Amount in controversy, suit remains in federal court (N.D. Ga.), 284
– – “Forum defendant rule” invoked, case remanded (D.N.J.), 35; more cases remanded, 736
– – MDL, oral arguments set on centralization (J.P.M.L.), 623; suits transferred (E.D. Mo.), 822

– Ortho Evra patch

See ORTHO EVRA

CONTRACTS

– Government contractors

See GOVERNMENT CONTRACTORS

– Subaru repairs, consumer class action claims tossed due to economic loss doctrine (D.N.J.), 287
– Warranty breach in absence of privity, court settles on equitable remedy of rescission (Mich. Ct. App.), 282

CONTRAST DYE

– Gadolinium-based

– – Cal. distributors not fraudulently joined, suit remanded (N.D. Cal.), 665
– – MDL, consolidation ordered (N.D. Ohio), 240; couple's suit remanded to Cal., drug distributor not fraudulently joined (N.D. Ohio), 877
– – N.J. mass tort created (N.J. Super. Ct.), 471

COOKWARE

– Coffeemakers, Sears recalls, burn and fire hazard, 829
– Deep fryers, JCPenney recalls, fire and burn hazard, 272

CORDARONE

– Brand-name maker owes no duty to user of generic (La. Ct. App.), 493

CORPORATE AVERAGE FUEL ECONOMY (CAFE)

– NHTSA Outlook 2008, 74

COSMETICS

– Importer bonds

See LEGISLATION, FEDERAL, HR 5069, S 2081

– Lipsticks contain high lead levels

– – Christian Dior suit (N.D. Ill.), 713
– – L'Oreal products, class action (N.D. Ill.), 64

– Nanotechnology, study shows ingredients safe, 630
– Organic labeling subject of dueling suits (Cal. Super. Ct.), 448

CPSC

See CONSUMER PRODUCT SAFETY COMMISSION (CPSC)

CPSIA

See CONSUMER PRODUCT SAFETY IMPROVEMENT ACT (CPSIA)

CRASH AVOIDANCE

– D.C. Auto Show media briefing highlights telematics, 97
– Electronic stability control systems

See ELECTRONIC STABILITY CONTROL SYSTEMS

– EU proposes safety requirements, 558
– Event data recorders, NHTSA revision delays compliance date, safety group expresses concern, 71
– Metrics, NHTSA seeks comments on way to rate driver benefits, 247
– Stability features, NHTSA testing presented at SAE meeting, 506; expert says research not new and unrepresentative of real world, 528
– Study, IIHS reviewed potential of five systems, 428

CRASH INJURY RESEARCH AND ENGINEERING NETWORK (CIREN)

– Public meeting set, topics include offside crashes, pediatric and elderly injuries, 196

CRASHWORTHINESS

– Booster seats, NHTSA proposes incorporation of test and seating policy, 98; comment period extended, 320; NHTSA defers use of 6-year-old dummy, final rule excludes preemption language, 761
– CIREN public meeting set, topics include offside crashes, pediatric and elderly injuries, 196
– Daimler Smart car

– – New Car Assessment Program, good score with ejection warning, 343
– – Ratings good but door unlatches, IIHS test, 509

– Discovery, crash-test documents, sanction for refusal to produce and award approved (Ga.), 329
– Insurance Institute for Highway Safety

– – Small pickup trucks earn “dismal” ratings in side-impact tests, 723
– – VW Tiguan earns top rating, Jeep Wrangler found weak in side impact, 813

– Interior protections, Saab recalls 9-5 series vehicles, 405
– New Car Assessment Program (NCAP)

– – 2009 model year, NHTSA plans to crash 52 models, 996
– – Conflict between good rating and warnings, 344
– – Daimler smart car gets good score with ejection warning, 343
– – Revamped rating program uses female dummy, pole test, and single score, 694; features of revised NCAP, 695; NCAP revisions to start in 2010, 996

– NHTSA Outlook 2008, 74
– Roof strength

See ROOF STRENGTH

– Side-impact

– – Insurance Institute for Highway Safety test, 216
– – Male crash dummies, NHTSA revises, 606
– – Nason talks about future challenges, 830
– – Protection, NHTSA final rule extends lead time, specifies phase-in, and speed for pole test, 585

– Windshield Zone Intrusion standard, NHTSA proposes to rescind rule, 669

CRIBS

– Bassinets, retailers recall Simplicity products, entrapment and death risk, 854; Senators ask CPSC about 2 week wait before safety alert, 902
– Child safety, consumer advocate groups bring their concerns to CPSC over product hazards, 191
– Convertible, Playkids U.S.A. recalls, suffocation and entrapment hazards, 1064
– CPSC to review standards, 1060
– Craigslist, Ill. AG Madigan blasts CPSC over sales of recalled products, 990
– Davenport models, Baby Appleseed recalls, fall hazard, 761
– Delta Enter. Corp. recalls drop side models, 1060
– Drop-side cribs made by Simplicity, retailers recall, entrapment and suffocation hazard, 903
– Infant Crib Safety Act

See LEGISLATION, FEDERAL, HR 5692

– Mattresses, Simmons Kids recalls, fails width requirements, 555
– Mother Hubbard's Cupboards recalls, fall hazard, 761
– Munire Furn. recalls, fall hazard, 213
– Nursery product related injuries and deaths, CPSC releases report, 213
– Third-party lab testing of cribs and pacifiers, CPSC sets accreditation policy, 1059

CRIMINAL PROSECUTION

– Japan, Mitsubishi Motors CEO sentenced for reporting failures, 99
– Methamphetamine activity, cold medicine makers cannot be held liable (E.D. Ark.), 189

CRUISE CONTROL

– Switch defect may lead to fire

– – NHTSA urges interim fix for Ford owners, 217; millions remain unfixed, NHTSA issues advisory, 885
– – Tex. MDL panels consolidates suits (Tex. J.P.M.L.), 240

CYMBALTA

– Warning claim rejected when doctor would have prescribed anyway (E.D. La.), 521

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