Product Safety & Liability Reporter: Current Reports Index-Summary

FANS

– Ceiling fans, Ill. court lacks jurisdiction over Taiwanese maker (Ill. App. Ct.), 107

FARM EQUIPMENT AND SUPPLIES

– Arsenic in chicken waste, exposure as cause of leukemia, multi-defendant causation test applied (Ark.), 496
– Combine catches fire, tort recovery denied for attached devices (D.N.D.), 953
– Genetically modified rice MDL, complexity of damage calculations defeats class bid (E.D. Mo.), 802
– Mad cow disease, USDA can prevent meatpacker from testing herd (D.C. Cir.), 849
– Pesticides

See PESTICIDES

– Seeds, new federal pleading standards affect farm claim, expert's test adaptation allowed (M.D. Ga.), 397

FATALITY STATISTICS

See INJURY INFORMATION

FDA

See FOOD AND DRUG ADMINISTRATION (FDA)

FEDERAL PREEMPTION

See PREEMPTION

FEES

– Attorneys'

See ATTORNEYS' FEES

FENTANYL

– Duragesic patch, “last-served” defendant rule governs removal time limits (11th Cir.), 753
– Patch recall, Actavis and Pricara issue recall, 211

FINLAND

– Biocide in furniture, Nordic agencies seek tighter rules after complaints, 742

FIRE SAFETY AND FLAMMABILITY

– Cigarette lighters

– – Child-resistance standards, federal law preempts design claim (Tex.), 413
– – Voluntary standards, comments sought, 119; CPSC unable to agree on reliance on ASTM standard, comments sought, 174

– Cigarettes, Okla. governor signs bill setting fire safety certification process, 505
– 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

– Combine catches fire, tort recovery denied for attached devices (D.N.D.), 953
– 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

– Drilling equipment, case dismissed as spoliation sanction regardless of intent (Tenn. Ct. App.), 168
– Engine fires

– – Passat, suit filed (D. Utah), 142
– – Trucks, no evidence of defect (Iowa Ct. App.), 110

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

– – Space heater, unable to prove cause of house fire (W.D. Ark.), 11
– – Vornado heater trust agrees to pay civil fine for reporting failures, 148

– Honda under-hood fires, class certification vacated, judge removed (9th Cir.), 756
– Microwave oven alleged cause, dismissing experts went beyond Daubert (Vt.), 203
– Nightclub fire, foam companies agree to tentative settlements (D.R.I.), 642
– Pop tart buildup alleged cause of toaster fire, expert may use tests (W.D. Pa.), 848
– Residential electrical system aging research project report released, 692; CPSC 2003 strategic plan addresses fire hazards, 693
– School buses, party had chance to be heard and defend expert, exclusion approved (Miss.), 419
– Small engines in outdoor equipment, catalytic converters increases fire hazard, study, 214
– Upholstered furniture standard, vote on draft set, 119; CPSC to move forward with proposal, 147; CPSC proposes rule including performance requirements, 244
– Wearing apparel standard, CPSC proceeds with draft final rule, 94; CPSC issues final rule, 318

FIREARMS AND WEAPONS

– Copper-plated exploding bullet suit to proceed (D. N.D.), 9
– N.Y. public nuisance suit against gun industry tossed (2d Cir.), 466
– Taser guns

– – Foreseeable dangers only create failure to warn liability (Ariz. Ct. App.), 58
– – Wrong-draw case rejected (9th Cir.), 490
– – Wrongful death

– – – Award upheld (N.D. Cal.), 575
– – – Causation, suit dismissed (D. Nev.), 925

FIREFIGHTERS

– Hearing loss due to sirens

– – Ill., unreasonably dangerous claim rejected (Ill. Cir. Ct.), 440
– – Mo. firefighters withdraw suits (Mo. Cir. Ct.), 549

FIREWORKS

– Annual CPSC report on deaths and injuries, 631
– Eye injury, preemption defense disallowed when plead too late (8th Cir.), 714

FLAME RETARDANTS

See POLYBROMINATED DIPHENYL ETHERS (PBDEs)

FLAMMABILITY

See FIRE SAFETY AND FLAMMABILITY

FLOOR MATS

– Defect investigations, NHTSA, 652

FLORIDA

– Accutane as cause of inflammatory bowel disease, witness properly excluded, defense judgment affirmed (11th Cir.), 820
– Asbestos law tightening exposure standards does not apply retroactively (Fla. Dist. Ct.), 545
– Brakes, Kia Sephia, class action not suitable to address problems (Fla. Dist. Ct. App.), 595
– Brazil airliner crash, families file wrongful death complaints (S.D. Fla.), 398
– Compound medications, new trial ordered on warranty claim against pharmacist (Fla. Ct. App.), 32
– Depo-Provera, judgment to maker in suit by woman with low bone density (N.D . Fla.), 689
– Drug-eluting stent, discovery sharing request rejected (Fla. Dist. Ct.), 774
– Duragesic patch, “last-served” defendant rule governs removal time limits (11th Cir.), 753
– Explorer rollover, roof crush suit, Ford reaches settlement (M.D. Fla.), 34
– Fosamax, certification denied for three state medical monitoring classes (S.D.N.Y.), 63
– Mitsubishi SUV rollover, maker to appeal award to parents of ejected man (Fla. Cir. Ct.), 259
– 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
– Spinal column stimulator, suit alleges caused “jolting sensations” and visible burns (M.D. Fla.), 1027
– Surgical tape, ObTape suit remanded to state court, facts do not support improper joinder (S.D. Fla.), 522
– Tires, replacement snap-in valve system caused rollover death, widow filed suit (Fla. Cir. Ct.), 586
– Tobacco industry

– – Mass tort, federal court has jurisdiction even if later it severs claims (M.D. Fla.), 872
– – Related illnesses, findings from predecessor smoking class rejected without enforceable judgment (M.D. Fla.), 843

– Trasylol, MDL panel consolidates suits (S.D. Fla.), 399
– Tread separation, jury finds Cooper tire flawed, $1.5M verdict returned (Fla. Cir. Ct.), 313

FOOD

– Alcoholic energy drinks

– – Attorneys general urge MillerCoors and Anheuser-Busch to discontinue drink lines, 895
– – MillerCoors sued over deceptive advertising directed at youth (D.C.), 894

– Aquacultured shrimp, HHS announces third-party certification pilot program, 671
– Beef E. coli infections

– – Ohio product liability suit filed against Kroger and Nebraska Beef (Ohio Ct. C.P.), 663
– – Va. boy scout sues summer camp's meat supplier (Va. Cir. Ct.), 954

– Chickens, antibiotic-free advertising claim

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

– Children's water bottles, Pottery Barn Kids recalls, choking hazard, 904
– China

– – CRS report cites economic implications of product safety and quality concerns, 69
– – Dumplings poison many Japanese, raising more questions about import safety, 148
– – Safety

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

– Containers, bisphenol-a use

– – Baby bottles and formula containers, AGs urge companies to stop using, 1031
– – Ban

See LEGISLATION, FEDERAL, HR 6228

– – Canada proposes baby bottle ban, 1062
– – FDA reviewing, 504; 583; FDA draft risk assessment says no harm to babies, 810
– – Infant formula makers asked to stop using by Congressmen, 474
– – MDL, oral arguments set on centralization (J.P.M.L.), 623

– Diet Coke, class decertified, claims led to believe fountain product same as bottled (Mo.), 420
– FDA

– – Amendments Act includes pet food labels and warning systems, CRS report outlines, 69
– – Protection plan, GAO says government-wide review needed, 123

– Genetically modified rice MDL, complexity of damage calculations defeats class bid (E.D. Mo.), 802
– Global Food Safety Initiative, Wal-Mart joins, 933
– Import Safety Working Group, action plan updated, 649
– Importer bonds

See LEGISLATION, FEDERAL, HR 5069, S 2081

– Japan considering one agency to administer food safety and product liability, 71; to enact new labeling law, 150; policy panel recommends creation of powerful agency, 554
– Mad cow disease, USDA can prevent meatpacker from testing herd (D.C. Cir.), 849
– Mussels undercooked, experts didn't adequately connect hepatitis (D. Md.), 782
– Nutritional content, class suit says restaurants misrepresented (N.D. Tex.), 578
– Peanut butter salmonella contamination claims sufficiently stated (N.D. Ga.), 548; 2 classes denied due to individual issues and refund program, 732
– Perfluorooctanoic acid, Cal. food packaging ban rejected, 809
– Pet food

See PET FOOD

– Potato chip makers, Cal. settles with makers, to reduce acrylamide levels (Cal. Super. Ct.), 757
– 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
– Sandwiches allegedly tainted, Univ. of Colo. sophomore sues (Colo. Dist. Ct.), 1057
– Tainted dairy products

– – Child's death, Chinese parents sue dairy, 1024
– – FDA looking into whether melamine could be in imported dairy, 933
– – Infant formula, scandal reignites debate on China product safety, 903
– – Sanlu Group scandal expands, 934
– – Starbuck's pulls suspect milk, 934
– – WHO and UNICEF call for swift action, countries pull products off the shelves, 932

– Tuna, whether FDA actions relating to methylmercury preempted warning claims (3d Cir.), 184; warnings case not preempted by informal FDA actions, 798
– Yogurt buyers sue Dannon claiming unsubstantiated health benefits (C.D. Cal.), 169

FOOD AND DRUG ADMINISTRATION AMENDMENTS ACT

– Food safety, CRS report outlines provisions, includes pet food labels and warning systems, 69
– Implementation, FDA still evaluating changes, added hires to drug office, 315
– Labeling, FDA proposal reaffirms position on “changes being effected” supplements, 66; Democrats question proposal, 92; Democrats send second letter urging rule withdrawal, 241; trial lawyer group critical, says contradicts congressional intent, 289; Democrats grill FDA official at hearing on preemption, 497; House Oversight Comm. seeks FDA documents showing stance on preemption, 667; FDA finalizes rule, 827

FOOD AND DRUG ADMINISTRATION (FDA)

– Advisory panels, Nonprescription Drugs and Pediatric Advisory Comm. joint meeting, 93
– Budget, House panel told increase needed to boost scientific capacity and IT, 114; House funding panel holds hearing on drug safety needs, 210

FORMALDEHYDE

– Baby furniture makers failed to warn of emissions (Cal. Super. Ct.), 928
– Cotton dust, worker exposure mass tort dismissed (Tex. Dist. Ct.), 757

FORUM SELECTION

– Asbestos

– – Boiler installation, choice-of-law review in Okla. construction worker's claim (Cal.), 545
– – Canadian workplace exposure suit dismissed, forum non conveniens adopted (R.I.), 516
– – Drywall materials, suit reinstated, transfer to Tenn. court rejected (Cal. Ct. App.), 13

– Brakes, GM multistate class action, deferral of state law analysis approved (Ark.), 620
– Bridgestone/Firestone tire defect suits

– – Expert witnesses, sanction set aside on due process ground (7th Cir.), 690
– – Forum non conveniens, trial court ordered to evaluate Mexican legal proceedings (Tenn. Ct. App.), 892

– Diethylstilbestrol, transfer to Mass. granted (D.D.C.), 622
– Hormone replacement therapy, Mo. not inconvenient forum for women's suit (Mo.), 927
– Levaquin, moving nonresidents' claims to home states inconvenient (D. Minn.), 314; suits consolidated, 626
– Lipitor, Ga. proper forum for Ga. man's suit (N.Y. Sup. Ct.), 646
– Mercury exposure from broken blood pressure monitor, latent injury claim may proceed, proof of untimeliness unclear (S.D.N.Y.), 959
– 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

– Radiation therapy devices, case dismissed for lack of personal jurisdiction over maker (5th Cir.), 371
– Trasylol, defense seeks consolidation, plaintiffs oppose Conn. as forum (J.P.M.L.), 187; panel consolidates suits (S.D. Fla.), 399
– Viagra, N.Y. not appropriate forum for plaintiffs prescribed drugs in Cal. and Ariz. (N.Y. Sup. Ct.), 186

FOSAMAX

– Multidistrict litigation (MDL)

– – Certification denied for three state medical monitoring classes (S.D.N.Y.), 63
– – Lessons learned, Analysis and Perspective, 49

FRANCE

– Organic labeling of cosmetics subject of dueling suits (Cal. Super. Ct.), 448

FRAUD

– Baseball aluminum bat blamed for brain injury (N.J. Super. Ct.), 517
– Benlate, recovery in fraudulent inducement to settle case blocked (U.S., rev den), 415
– Bisphenol-A in hard-plastic sports bottles, Cal. woman files class action (E.D. Cal.), 443
– Dodge Neon oil leaks not warranty breach, fraud claims time-barred (9th Cir.), 645
– Heart valves, state claim preemption upheld (U.S., rev den), 207
– JVC 1080p TVs don't get 1080p signal, claims go forward (D.N.J.), 625
– 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

– N.J. courts limit remedies, Analysis and Perspective, 790
– NuvaRing, “forum defendant rule” invoked, case remanded (D.N.J.), 35; more cases remanded, 736
– Reglan, branded drug maker not liable to woman who used generic (N.D. Ga.), 414
– Rezulin, whether suit preempted due to Mich. drug maker immunity law exception (U.S., brief filed), 84; (oral arg), 202; (judg aff), 234
– Rhino off-road vehicle unstable, Va. woman files suit after severe foot injury (C.D. Cal.), 1025
– Subaru repairs, consumer class action claims tossed due to economic loss doctrine (D.N.J.), 287
– Windshield wipers, class action over alleged defect tossed (8th Cir.), 733

FREEDOM OF INFORMATION

– CPSC reduced backlog, 784
– Early-warning reporting

– – Deadline set, 742
– – NHTSA denies petitions to reverse FOIA exemption of confidential data, 475; deadline set for requests for confidential treatment, 722; data released online, 882
– – Rubber Mfr. Assoc. suit, data not exempt from disclosure (D.C. Cir.), 721

– Implementation activities, agencies show progress, 608

FUEL SYSTEMS

– Crash-test documents, sanction for refusal to produce and award approved (Ga.), 329
– Defect investigations, NHTSA, 152; 321; 430; 478; 724; 762; 885
– Ford recalls vans and SUVs, 177
– Motorcycles

– – Filter housing, Harley-Davidson recalls 2008 models, 814
– – Tank vent pipes, Honda recalls, 17
– – Valve diaphragm seepage, Honda recalls, 345

– Outlet check plug, Ford recalls F-650 and F-750 trucks, 833
– Pump pressure, Hyundai recalls Elantra cars, 833
– Rollover valve nipples, VW recalls Audi vehicles, 406
– School bus fire, party had chance to be heard and defend expert, exclusion approved (Miss.), 419
– Spillage requirements, Ford recalls F-series trucks, 459
– Subaru repairs, consumer class action claims tossed due to economic loss doctrine (D.N.J.), 287
– Underbody heat shield, VW recalls Passat, 406

FURNITURE

– Baby furniture makers failed to warn of formaldehyde emissions (Cal. Super. Ct.), 928
– Biocide, Nordic agencies seek tighter rules after complaints, 742
– Cribs

See CRIBS

– Folding chairs, Jo-Ann Stores recalls, fall hazard, 935
– Glass handles, IKEA recalls chests, laceration hazard, 969
– Nursing home bed as cause of death, statute of limitations starts with “inquiry notice” of potential claim (Iowa), 334
– Storage bins, L G Sourcing recalls, 458
– Tipovers, CPSC releases injury information, 828
– TV stands, Studio RTA recalls, tip over hazard, 693; 935
– Upholstered furniture standard, vote on draft set, 119; CPSC to move forward with proposal, 147; CPSC proposes rule including performance requirements, 244