Product Safety & Liability Reporter: Current Reports Index-Summary

JAPAN

– Consumer Affairs Agency, new government consolidating consumer-related issues launched, 990
– Consumer product safety, legislation creating protection agency passed by House, 485; parliament passes, empowers Prime Minister to launch agency this year, 644
– Crash avoidance, automakers showcase new generation of automotive safety technologies, 259
– Voluntary recall guidelines released, 112

JEWELRY

– Lead risk

See CONSUMER PRODUCT SAFETY IMPROVEMENT ACT (CPSIA)

– Recalls, monthly report, BNA, May, 675

JOINDER

– Fraudulent misjoinder, doctrine not adopted in claim by patients injured by Trasylol, plaintiff has connection with controversy (S.D. Ill.), 1089
– Fraudulent, to defeat diversity

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; expert testimony that drug increased risk of jaw determination bars summary judgment, 997

JOURNAL

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

JURIES

– Compromise verdict, award in claim for death from tire separation upheld, appeal rejected (Fla. Ct. App.), 839
– Google search of defendant, potential juror research on seat belt maker and conversation with other jurors during deliberations requires new trial (S.D.), 1028
– Instructions, no error in telling jury that grader maker could not be liable when condition at time of accident not the same as when it left factory (10th Cir.), 804
– Misconduct, discovery of conduct allowed (Tex.), 404
– Negligence and strict liability, driver has no claim for inability to unlatch after crash, jury determination that Toyota design did not cause resolves all claims (Cal. Ct. App.), 905

JURISDICTION

– Alien Tort Claims Act, expansive interpretation being used to enforce international human rights, Analysis and Perspective, 419
– Back implants, domestic distributor of foreign made and implanted device not subject to personal jurisdiction (M.D. Ala.), 411
– Business contacts, foreign tire firms do enough business in N.C. to warrant state court claims for product liability (N.C. Ct. App.), 911
– CAFA, questions of U.S. court jurisdiction after decertification remain, circuits split, Analysis, 727
– Class Action Fairness Act

See CLASS ACTIONS

– Controversy, no litigation threat in plaintiff attorney's inspection and notice of further inspections (D. Vt.), 360
– Diversity

See DIVERSITY JURISDICTION

– Forum selection

See FORUM NON CONVENIENS

– Fraud, joinder of in-state distributor to defeat jurisdiction causes dismissal of claim for hip prosthesis failure (M.D. Fla.), 1070
– Fraudulent joinder to defeat diversity jurisdiction

– – Analysis & Perspective, 18
– – Avandia, court overseeing MDL remands 15 Cal. cases to state court, no federal question or fraudulent joinder found (E.D. Pa.), 280; salesman properly joined, fraud sufficiently pleaded, remand to N.M. proper, 718
– – 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. Ct. App.), 447
– – Ohio statute does not confer personal jurisdiction of over domestic subsidiary of foreign corporation (N.D. Ohio), 537

– Pain pump, naming salesman in suit against maker defeats diversity jurisdiction (S.D. Ind.), 283; pump maker ordered to give pharmaceutical firm access to accord with plaintiff injured by continuous infusion pump, 1033
– Personal

– – 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
– – 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

– Strict liability, both maker and distributor can be held liable for defective hip prosthesis, remanded to state court for nondiverse defendant (E.D. Cal.), 665
– Venue

See VENUE

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