Product Safety & Liability Reporter: Current Reports Index-Summary

IBD

IDAHO

– Economic loss rule, dairies have claim if they can show damage to cows, not just lower productivity from milking system (Idaho), 952

ILLINOIS

– Asbestos, other exposure evidence improperly barred (Ill.), 497
– Bankruptcy, retailer exception against nonmaker-seller may apply (N.D. Ill.), 478
– Chicago, bisphenol A ban approved, 580
– Preemption, no right to reconsideration of claim against hip implant maker, amendment barred after ruling (N.D. Ill.), 977

ILLNESSES

See INJURIES AND ILLNESSES

IMMUNITY

– Communications Decency Act, product liability claims against MySpace for predator's communications with minor leading to sexual assault barred (E.D. Tex), 631

IMPLANTS

See MEDICAL DEVICES

IMPORTS

See INTERNATIONAL TRADE

INDEMNIFICATION

– Actual seller, oil maintenance firm may not recover for damages to injured worker who borrowed tool from another contractor where no sale involved (Tex. Ct. App.), 907
– Asset purchases, firm that bought specialty plumbing part maker has no claim against seller for defective parts under purchase agreement or Tex. law (Tex. App.), 756
– Seller, diet drug maker must protect doctor who prescribed from patient's personal injury (Tex. Ct. App. Ct.), 632

INDIA

– Shades and blinds recalled over possible strangulation hazards, 72
– U.S. FDA opens office to improve drug, medical devices, and food safety, 112

INDIANA

– Dose dispensers, makers not liable for child's codeine overdose death, flaws in dosing cup could not have caused (Ind. Ct. App.), 976
– Hunting equipment, tree stand, hunter's widow gets damages for strangulation death (Ind. Sup. Ct.), 248
– Limitations period

– – Negligence and strict liability, claim by estate of diabetic for defective glucose monitor untimely where claims did not relate back to original complaint against other makers and no notice of claims against them (N.D. Ind.), 788
– – Wrongful death, suit related to generic drug toxicity must be filed within 2 years of death (Ind.), 4

INDUSTRIAL EQUIPMENT AND MACHINERY

– Hydraulic press brake, expert witness methodology reliable and helpful to jury, summary judgment denied (W.D. Pa.), 157
– Limitations period, wrongful death suit for product toxicity must be filed within 2 years of death (Ind.), 4
– Packaging machine, N.Y. strict liability law not applicable to firm selling used equipment (N.Y.), 402
– Printing presses, expert unqualified to testify on design defects (2d Cir.), 218; Sup. Ct. nominee Sotomayor's decision among array of product liability related cases while on 2d Cir., 632
– Rock-crushing, machine substantially altered after manufacture, strict liability may be imposed if modifications foreseeable (N.M. Ct. App.), 599

INFANTS

See generally CHILD SAFETY

INFLAMMATORY BOWEL DISEASE (IBD)

– Link to Accutane

See ACCUTANE

INFRASTRUCTURE

– Safe Highways and Infrastructure Protection Act

See LEGISLATION, FEDERAL, HR 1618, S 779

INJURIES AND ILLNESSES

– Food poisoning

See FOOD POISONING

– Mesothelioma

See ASBESTOS

– 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; CPSC seeking public comments on technical guidance on unblockable drains, 794

INSURANCE

– Asbestos

– – 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 plaintiffs may not directly sue insurers who may have knew of risks (dec), 684
– – Each repeated exposure deemed occurrence under manufacturer's policies (Wis.), 152

– Peanut salmonella poisonings, Hartford Casualty Ins. Co. seeks declaratory judgment to limit exposure (W.D. Va.), 184

INTEREST

– Prejudgment interest, recovery of total amount from each defendant found jointly and severely liable rejected (Cal. Ct. App.), 410

INTERNATIONAL TRADE

See also specific countries and industries
– Alien Tort Claims Act being used to enforce international human rights, 45
– Canada

See CANADA

– China

See CHINA

– Domestic ports, panel urges CPSC to increase presence, create more robust surveillance to prevent unsafe products from entering U.S., 941
– EU

See EUROPEAN UNION (EU)

– Foreign makers of defective products

– – Analysis & Perspective, 45
– – Legislation easing ability to sue forthcoming, 603

– Foreign Manufacturers Legal Accountability Act

See LEGISLATION, FEDERAL, S 1606

– Imported products oversight, CPSC increasing size of staff at U.S. ports, developing strategic plan for surveillance, 1073
– Imports, strengthening CBP communications with CPSC would allow better tracking, GAO report, 917
– India

See INDIA

– Israel

See ISRAEL

– Italy

See ITALY

– Japan

See JAPAN

– Motor vehicles and equipment, NHTSA best practices supported by importers, 15
– Nigeria

See NIGERIA

– Safety of imports

See LEGISLATION, FEDERAL, HR 759

– Taiwan, forum non conveniens, hemophiliacs may proceed with blood product claims in Cal. (N.D. Ill.), 104
– Toys and games, Tenenbaum stresses need on for stringent safety standards, 869
– 2009 Outlook, 116

INTERNET

– Ed. Note: For a list of electronic resources and web sites, see Electronic Resources section of each issue.
– Database.gov and Regulations.gov, White House unveils to promote open government and increase citizen participation, 647; notice of hearing set, 1093
– Google search of defendant, potential juror research on seat belt maker and conversation with other jurors during deliberations requires new trial (S.D.), 1028
– Motor vehicles, N.J. Consumer Fraud Act covers internet sales by casual seller (N.J.), 439
– MySpace, Communications Decency Act protects against negligence claim for predator's communication with minor leading to sexual assault (E.D. Tex.), 631
– Nanotechnology, websites of interest, 467
– Social networking, CPSC launches initiative to make safety data more accessible to consumers, 1038
– Used product sellers, CPSC handbook addresses laws and rules., 543

INVESTIGATIONS, NHTSA, DEFECTS

– Opened, 16; 72; 114; 142; 230; 260; 296; 320; 346; 416; 487; 487; 509; 606; 646; 673; 725; 822; 892; 921; 945; 991; 1015; 1059; 1074; 1075
– Upgraded, 16; 72; 114; 371; 416; 454; 646; 822; 945; 1058

IOWA

– Comparative fault, principles apply in enhanced injury, courts may consider driver's intoxication in defective vehicle claims (Iowa), 1103

ISRAEL

– Cigarettes, class action alleges menthol caused lung cancer, 571

ITALY

– Airport runway collision, forum non conveniens, Europeans' Fla. suit dismissed (11th Cir.), 385