Product Safety & Liability Reporter: Current Reports Index-Summary

JAPAN

– Consumer product safety, legislation creating protection agency passed by House, 485; parliament passes, empowers Prime Minister to launch agency this year, 644
– Crash avoidance, Japanese automakers showcase new generation of automotive safety technologies, 259
– Voluntary recall guidelines released, 112

JEWELRY

– Lead risk

See LEAD

JOINDER

– Fraudulent joinder to defeat federal diversity jurisdiction

See JURISDICTION

– Hernia patches, Kugel mesh case remanded, joinder of non-maker defendants proper (D. R. I.), 38; independent consultant's reports after recall and FDA inspection protected by work product privilege (D. R.I.), 635
– Osteoporosis medication, joinder of makers of Actonel to claim against Fosamax makers allowed (S.D.N.Y.), 132

JOURNAL

– Ed. Note: A list of upcoming conferences and meetings appears at the end of selected issues.

JURIES

– Misconduct, discovery of conduct allowed (Tex.), 404

JURISDICTION

– Alien Tort Claims Act, expansive interpretation being used to enforce international human rights, Analysis and Perspective, 419
– Asbestos, whether direct action claims against insurers barred under bankruptcy, worker settlements may be at risk (U.S., oral arg), 388; Sup. Ct. nominee Sotomayor's decision among wide array of product liability related members while on 2d Cir., 632
– Back implants, domestic distributor of foreign made and implanted device not subject to personal jurisdiction (M.D. Ala.), 411
– Class Action Fairness Act

– – Banana farm workers allowed to split up claims to less that 100 plaintiffs to avoid act's restrictions (S.D. Cal.), 361
– – Fruit farm workers allowed to split up claims to less that 100 plaintiffs to avoid jurisdiction limits (9th Cir.), 384

– Controversy requirement, airplane crash, declaratory action to bar action based on plaintiff attorney's inspection and notice of further inspections insufficient threat of litigation (D. Vt.), 360
– Forum selection

See FORUM NON CONVENIENS

– Fraudulent joinder to defeat federal diversity jurisdiction

– – Analysis & Perspective, 18
– – Avandia, court overseeing multidistrict litigation remands 15 Cal. cases to state court, no federal question or fraudulent joinder found (E.D. Pa.), 280
– – Mirapex, malpractice claim against doctor lacking basis in fact or law deemed fraudulent (D. Minn.), 364

– Hernia patches

See HERNIA PATCHES

– Knee implants, joinder of instate sales representative defeats diversity jurisdiction (D.N.M.), 106
– Long-arm statutes

– – Aircraft, use of in-state engineering firm meets purposeful availment test for determining application of statute (Tex. App.), 447
– – Ohio statute does not confer personal jurisdiction of over domestic subsidiary of foreign corporation (N.D. Ohio), 537

– Personal jurisdiction, medical relations, advertising, and public relations firms headquartered in other states retained to oversee hormone therapy litigation lack sufficient contacts (E.D. Ark.), 363
– Removal jurisdiction

See REMOVAL JURISDICTION

– Sales representative named in suit against medical device manufacturer defeats diversity jurisdiction (S.D. Ind.), 283

JURY INSTRUCTIONS

– Asbestos, failure-to-warn claim, strict liability and negligence instructions not inconsistent under state law (W.D. Ky.), 535
– Explorer rollover, punitive award for harm to third parties not improper, (Cal.), 534