Product Safety & Liability Reporter: Current Reports Index-Summary

FAMILIES

– Unadopted stepchildren, no Tex. wrongful death claim for stepfather suicide after taking Paxil (Tex. Ct. App.), 716

FANS

– Fire, family gets damages for death of boy from burns and smoke inhalation from electrical arcing and combustion (Pa. Ct. Comm. Pleas), 1106
– Peterbilt trucks, fan hub failures, NHTSA opens investigation, 72
– School buses, radiator cooling fans, Blue Bird Vision investigation announced, 230; NHTSA recall report, 1021

FARMING

See AGRICULTURE

FAT REDUCTION

See DIET DRUGS

FATALITIES

– Airplane crash, aircraft maker was military contractor immune from suit where government approved specifications (11th Cir.), 736
– Frontal crashes, comments sought on study of why seat belt use, air bag protection, and crashworthiness structures of newer cars not preventing fatalities, 1117
– Racial disparities in risks and incidence of preventable product-related injuries and deaths, report to Congress outlines steps taken to address, 1092
– Swimming pools and spas, CPSC report, 2009, 645

FDA

See FOOD AND DRUG ADMINISTRATION (FDA)

FDCA

See FOOD, DRUG, AND COSMETIC ACT (FDCA)

FEDERAL CONTRACTS AND CONTRACTORS

– Military

See DEFENSE CONTRACTORS

FEDERAL EMPLOYERS' LIABILITY ACT (FELA)

– Fear-of-cancer damages, failure to instruct jury on legal standard for awarding in asbestos cases improper (U.S, rev den), 636

FEDERAL HAZARDOUS SUBSTANCES ACT (FHSA)

– Blasting cap, term detonator can be used interchangeably, CPSC issues final rule, 671
– Penalties, CPSIA provides for higher fines but rule on interpretation of statutory factors still pending improvement, statutory factors under CPSA, FHSA, and FFA supersede, 887; CPSC issues interim final rule, 914; firms agree to pay higher fines for children's hooded sweatshirts, 989

FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION (FMCSA)

– Appointments and personnel changes, Ferro asked how to handle interaction with industry, confirmation hearing, 1039
– Vehicle safety programs, Senate panel approves 18 month extension, 822

FEDERAL PREEMPTION

See PREEMPTION

FEDERAL RULES OF CIVIL PROCEDURE (FRCP)

– Rule 23, critical preliminary requirement for class certification, ascertainability, frequently overlooked, Analysis, 767

FEDERAL TORT CLAIMS ACT

– Combat immunity, exception no bar to negligence claim for helicopter crash in Afghanistan (N.D. Cal.), 336

FEES

– Attorneys' fees

See ATTORNEYS' FEES

– Fosamax plaintiffs must pay to depose expert witness in Australia (S.D.N.Y.), 312

FELA

See FEDERAL EMPLOYERS' LIABILITY ACT (FELA)

FEN-PHEN

See DIET DRUGS

FFA

See FLAMMABLE FABRICS ACT (FFA)

FHSA

See FEDERAL HAZARDOUS SUBSTANCES ACT (FHSA)

FINES

See PENALTIES

FIRE SAFETY AND FLAMMABILITY

– Cigarettes

See CIGARETTES

– Cleaning solvents, maker of paint sprayer does not have duty to warn of dangers of third-party products (6th Cir.), 564
– Clothing flammability, expert testimony to prove defect not required, injured woman's claim did not present enough proof to survive summary judgment (3d Cir.), 7
– Dishwashers, fire hazard, CPSC recall, 113
– Expert witnesses, fire marshals not qualified as experts on causation of fire (4th Cir.), 65
– FFA

See FLAMMABLE FABRICS ACT (FFA)

– Fire alarms

See SIRENS

– Fireplaces, filing of identical class actions is judge-shopping, one suit dismissed, attorney sanctions ordered (N.D. Cal.), 36
– Flame retardant decabrominated diphenyl ether, Md. Senate fails to approve ban, 453
– Flammability standards, CPSC requests comments, 453
– Gas cans without flame arresters, burned plaintiffs sue manufacturer (E.D. Tex.), 250
– Gas grills, CPSC and Canada recall where hose of gas tank causes fire hazard, 819
– Home heating dangers, CPSC offers fire, CO poisoning recommendations, 140
– iPod touch explosion, burn suit filed against Apple (S.D. Ohio), 337
– Maytag refrigerator fire hazard, CPSC announces recall, 318
– Motorcoaches

– – Motorcoach Enhanced Safety Act, to overhaul safety, and prevent serious injuries and deaths, Brown (D-Ohio) and Hutchison (R-Texas) to reintroduce, 293; use of reincarnated motorcoach carriers are threats to public safety, GAO says, 870
– – Research and tests discussed at bus safety summit, 291

– Snow globes, candle-powered carousels, CPSC recall, fire hazards, 14
– Space heaters, expert testimony about causation properly excluded (8th Cir.), 101
– SUVs, investigation opened into effectiveness of repairs to 2007 Ford Escape and Mazda Tribute, 250
– Television, citizen may get sealed documents in wrongful death case (Ariz. Ct. App.), 309
– Trucks, instrument panel fires, Honda Ridgeline probe announced by NHTSA, 230

FIREARMS AND WEAPONS

– Expert witnesses, gunsmith need not have tested gun for testimony to be reliable (M.D. Fla.), 222
– Protection of Lawful Commerce in Arms Act, shooting victims' claims against maker and seller barred (9th Cir.), 594
– Tasers, manufacturer warned of risks of numerous shocks, claims against company dismissed (M.D. Tenn.), 154

FLAMMABILITY

See FIRE SAFETY AND FLAMMABILITY

FLAMMABLE FABRICS ACT (FFA)

– Penalties, CPSIA provides for higher fines but rule on interpretation of statutory factors still pending improvement, statutory factors under CPSA, FHSA, and FFA supersede, 887; CPSC issues interim final rule, 914; firms agree to pay higher fines for children's hooded sweatshirts, 989

FLORIDA

– Child booster seats, NTSB urges state to pass laws requiring, 990
– Cigarettes

See CIGARETTES

– Experts, gunsmith need not have tested allegedly defective gun for testimony to be reliable (M.D. Fla.), 222
– Jurisdiction, joinder of in-state distributor to defeat jurisdiction causes dismissal of claim for hip prosthesis failure (M.D. Fla.), 1070
– Personal jurisdiction, Dutch firm's Fla. business contacts insufficient to support suit by Haitian parents for selling tainted glycerin used in children's' fever drug (Fla. Dist. Ct. App.), 809
– Preemption, trial court may hear parallel state claims for product liability for cardiac stent (Fla. Ct. App.), 978
– Primary seat belt, law enacted, 544

FOOD

– All natural pasta sauce, false advertising claim not preempted (N.D. Cal.), 183
– Artificially-colored farmed salmon, FDCA does not preempt claims enforcing parallel state laws (U.S., rev den), 66
– Beverages

See BEVERAGES

– Canned tuna

– – Cal. Proposition 65 not applicable to naturally occurring chemicals (Cal. Ct. App.), 342
– – Preemption of failure to warn of mercury poisoning (U.S., rev sought), 104; plaintiff seeks denial of review (brief filed), 357; (U.S., rev den), 474

– Cheerios, cholesterol reduction claims, misrepresentation class action filed (E.D. Cal.), 600; JPML consolidates product liability claims (D.N.J.), 1086
– China

See CHINA

– Cookie dough, people who got E. coli infections from eating raw file negligence, duty of care, and other claims (D. Colo., Cal. Super. Ct., W.D. Wash.), 715
– French fries and hash browns, class fraud claims for advertising as gluten, wheat, and dairy-free too overinclusive for certification (N.D. Ill.), 568
– Import safety

See LEGISLATION, FEDERAL, HR 759

– India, U.S. FDA opens office to improve safety, 112
– Japan, voluntary recall guidelines released, 112
– Outlook 2009, international trade, 116
– Peanut Corp. of America, salmonella outbreak

– – Bankruptcy, Ch. 7 protection sought (Bankr. W.D. Va.), 222
– – Exposure, Insurer seeks declaratory judgment to limit claims (W.D. Va.), 184
– – Scare prompts family to sue (M.D. Ga.), 103; punitive damages sought, 158; woman's death causes son to sue (D. Minn..), 183

– Poisoning

See FOOD POISONING

– Popcorn, diacetyl flavoring

See DIACETYL

– Prilosec, class action claim for failure to warn that poisoning risk increases filed (S.D. Ohio), 635
– Rice, genetically modified, no proof of public nuisance although harm to market and private nuisance claims upheld (E.D. Mo.), 1108
– Sodium content, N.J. customer files class action against Denney's restaurants to require disclosure on menus (N.J. Super. Ct.), 839
– Veggie burgers and pancakes, no fault in refusal to allow challenge to certification of class claims for misstating fat and calorie content (D.N.J.), 940

FOOD AND DRUG ADMINISTRATION (FDA)

– Ed. Note: For enforcement actions other than general stories, see relevant subject headings.
– Adverse event reporting system, drugs and potential signals of serious safety risks, Jan. - March, 2009, 1090
– Commissioner, new nominee should have expertise, no industry ties, consumer groups say, 168
– Enforcement, enhancement of drug and medical device oversight authority

See LEGISLATION, FEDERAL, S 882

– Globalization raises safety issues, legislative expansion of authority suggested, 502
– High-risk medical devices

See MEDICAL DEVICES

– Medical products, including drugs, biologics, and devices, added to oversight list, 109
– Risk Communication Advisory Committee, reviewers should write drug risk box containing both risks and benefits of drug, experts say, 285
– Seroquel

See SEROQUEL

– Strategic Plan for Risk Communication, outline of efforts to disseminate more meaningful data about prescription drugs, medical devices, and other regulated products issued, 1055

FOOD, DRUG, AND COSMETIC ACT (FDCA)

– Fraud-on-the-agency claims, bar on state law claims based on defendants' duty to disclose data to U.S. regulators discussed, 966
– Medical devices, claims for heart attack from blood clot at site of drug-eluding stent barred but warranty claims may be pleaded to avoid bar (D. Minn.), 689

FOOD POISONING

– E. coli

– – Hemolytic uremic syndrome, mother of teenager sickened by eating beef associated with recall sues meat producer (D. Colo.), 787
– – Raw cookie dough, consumers who got infections from eating bring claims against Nestle (D. Colo., Cal. Super. Ct., W.D. Wash.), 715
– – Spinach, woman who got critically ill sues producer, retailer, and others (Wis. Cir. Ct.), 980

– Infant formula, parents of child brain-damaged by meningitis contracted from bacteria may pursue design defect claim, complaint amended to address pleading problems (D. Minn.), 840
– Prilosec, class action claim for failure to warn of increased risk filed (S.D. Ohio), 635
– Salmonella, Peanut Corp. of America, scare prompts family to sue (M.D. Ga.), 103; punitive damages sought, 158; woman's death causes son to sue (D. Minn..), 183

FOOD SERVICES

– Den's, N.J. customer files class action seeking disclosure of sodium content on menus (N.J. Super. Ct.), 839

FOOTWEAR

See APPAREL

FORMALDEHYDE

– FEMA trailers, hurricane victims' state law claims barred by MHA and HUD rules (E.D. La.), 623; reports and statements related to congressional inquiries excluded from evidence, 985; trailers not unreasonably dangerous, no duty to warn of formaldehyde risks (dec), 1047
– Tearless children's shampoo and bubble bath, class claims products contain toxic chemicals (D.N.J.), 603; common issues overshadowed by non-common ones, JPML declines to consolidate, 1086

FORUM NON CONVENIENS

– Air transportation, Italian airport runway collision, Europeans' Fla. suit dismissed (11th Cir.), 385
– Asbestos, nationals who sued for exposure while working on or near U.S. ships in Spain may sue in Del. (Del. Super. Ct.), 688
– Blood products

– – Argentinean class action claiming HIV infected product sent back to Argentina (7th Cir.), 570
– – Taiwanese hemophiliacs may proceed with contamination claims in Cal. (N.D. Ill.), 104; claim barred by Cal. and Taiwanese statutes of limitation (N.D. Ill.), 448

– Mexico, MDL court improperly denied effort to try claims of Mexican citizens in Mexico unless sufficient showing of unavailability (5th Cir.), 933
– Tire failure accident in Mexico in vehicle purchased in Ill. by Ill. residents, Ill. deemed proper forum (S.D. Tex.), 358

FRAUD AND MISREPRESENTATION

– Allergies, class claims for advertising French fries and hash browns as gluten, wheat, and dairy-free too inclusive (N.D. Ill.), 568
– Attorneys for fen-phen class action convicted of bilking clients (E.D. Ky.), 402
– Class actions as means of addressing consumer fraud, Analysis & Perspective, 262
– Diet drugs, Redux, misrepresentations to FDA, all pre-FDA approval claims preempted (N.D. Ohio), 357
– False advertising, class representatives have no standing where no injury alleged from oral contraceptive (E.D. Cal.), 787; contraceptive maker seeks stay pending consolidation motions, 1006
– Motor vehicles, N.J. consumer fraud law covers internet sales by casual seller (N.J.), 439
– Neurontin off-label use, fraudulent misrepresentation claim filed (D. Minn.), 536
– Spinal disc replacements, federal pleading standards for fraud in getting FDA approval not met (S.D. Tex.), 406
– Unjust enrichment, N.J. law applies to nationwide class of consumers who had emergency response system in Mercedes Benz cars (3d Cir.), 664
– Vioxx, N.J. consumer fraud class claim fails to get certification (N.J. Super. Ct.), 333; compensatory award to man who charged product caused heart attack upheld (N.J.), 1054
– Windows, insulating gas leakage, claims fail to meet Rule 9(b) pleading requirements (8th Cir.), 446

FRCP

See FEDERAL RULES OF CIVIL PROCEDURE (FRCP)

FUEL

– Efficiency

– – Corporate average fuel economy (CAFE), Transportation Dep't to leave new rule setting to Obama administration, 42
– – Gas-mileage deception claims for hybrid car not preempted (Cal. Ct. App.), 64
– – Safer vehicles possible, Honda researcher tells auto show attendees, 169
– – Standards for 2010 set, 371; 2016 standards not to compromise safety, Obama says, 606
– – Tire ratings, NHTSA proposes new consumer program to provide data to consumers at point of sale, 699

FUEL FILTERS

– Affinia USA, fire hazard, recall, 892

FUEL PIPES

– Mitsubishi Lancer, cracks cause fire hazard, recall, 1077

FUEL PUMPS

– Volvo S80, XC60, and XC70, software signal leading to startup and engine stalling, recall, 1077

FUEL SYSTEMS

– Defect investigations

See INVESTIGATIONS, NHTSA, DEFECTS

– Dodge Durangos, recall announced, 73
– Economy, NHTSA programs must meet Congressional mandates by 2011, other programs to get key attention announced, 746
– Fuel economy

See MOTOR VEHICLES

– Recalls, monthly report, BNA, May, 675
– Toyota Lexus, delivery pipes to be inspected and replaced, 142
– Volvo XC90, NHTSA recall report, 1021

FURNITURE

– Task chairs, Office Max recalling for fall hazard, 962; back and base post breakage, recall , 1076
– Vanity stools, unstable legs prompt maker to recall, 72
– Wooden bunk beds, Big Lot Stores recall, 1058; 1076