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MACEDONIA

– Airplane crash killed former president, repose law blocks wrongful death suit (9th Cir.), 469

MAGNET TOYS

– Recalls, swallow hazard

– – Dart board sets, Henry Gordy Intl. recalls, 374
– – MEGA Brands of Am. recalls, 295

MAINE

– Light cigarette marketing, whether federal labeling law preempts deceptive practice claims (U.S., rev grant), 90; (oral arg set), 959; (oral arg), 983
– Zyprexa, wrongful death suit allowed, causation experts allowed (Me.), 493

MALPRACTICE

– Medical

See MEDICAL MALPRACTICE

MANGANESE

– Welding fume MDL, $20M award affirmed due to adequate expert proof on causation (N.D. Ohio), 750

MARKET SHARE LIABILITY

See COMPARATIVE FAULT

MARKETING

See ADVERTISING

MARYLAND

– Chicken raised without antibiotics claim, competitors obtain injunction (D. Md.), 662
– Diabetes drugs nonuser, company had no duty to warn (Md.), 870
– Motor vehicles, repair records do not support inference of defect in used car (Md.), 393
– Mussels undercooked, experts didn't adequately connect hepatitis (D. Md.), 782
– Urinary sphincter device, case dismissed for ineffective pleading (D. Md.), 497

MASSACHUSETTS

– Asbestos, Navy aircraft parts makers lose removal on federal contractor defense (D. Mass.), 60
– Bextra and Celebrex MDL, request for peer-review journal article documents denied (D. Mass.), 369; settlement announced (N.D. Cal.), 1053
– Cochlear implants, device allegedly differs from FDA approved device, damages sought (D. Mass.), 338
– Diethylstilbestrol, transfer to Mass. granted (D.D.C.), 622
– Lead in children's jewelry, new rules to ban, 526
– Motor vehicles, consumer harm from door handle noncompliance recognized (Mass.), 594

MATTRESSES

– Cribs, Simmons Kids recalls, fails width requirements, 555

MDL

See MULTIDISTRICT LITIGATION (MDL)

MEDICAL DEVICES

See HEALTH AND MEDICAL PRODUCTS

MEDICAL MALPRACTICE

– Cautery machine, amended complaint naming true defendant relates back to original filing (N.D. Miss.), 450
– Kugel mesh hernia patch case remanded, joinder of non-maker defendants proper (E.D. Tenn.), 716
– Mesh patch, removal of claim approved where plaintiff didn't follow pleading rule, medical malpractice claims time-barred (C.D. Ill.), 1057
– Pondimin and Redux claims against prescribing doctor timely (E.D. Pa.), 825

MEDICAL MONITORING

– Aredia and Zometa MDL, Mich. plaintiffs' claims dismissed due to immunity law and preemption (M.D. Tenn.), 372; Tex. plaintiffs' claims dismissed (M.D. Tex.), 731
– Arguments against, Analysis and Perspective, 699
– Bisphenol-A use in food and beverage containers MDL, oral arguments set on centralization (J.P.M.L.), 623
– Bone plates allegedly cause ligament damage, class certification sought (D.N.J.), 143
– Defibrillators, flawed Sprint Fidelis leads, consolidation sought (J.P.M.L.), 30; consolidation granted, 209; wrongful death suit transferred (E.D. Tex.), 958
– Fosamax, certification denied for three state classes (S.D.N.Y.), 63
– Lipsticks contain high lead levels

– – Christian Dior suit (N.D. Ill.), 713
– – L'Oreal products, class action (N.D. Ill.), 64

– N.J. courts limit remedies, Analysis and Perspective, 790
– OBTape, no medical monitoring claim outside toxic tort context (W.D. Mo.), 775
– Pergolide allegedly causes heart disease, risks understated (D. Minn.), 736
– Tobacco industry, future physical harm not sufficient alone to constitute actionable injury (Or.), 441
– Vioxx, class suit thrown out due to no present injury (N.J.), 541

MELAMINE

– Pet food contamination

See PET FOOD

– 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

MERCURY

– Blood pressure monitor alleged cause of exposure, latent injury claim may proceed, proof of untimeliness unclear (S.D.N.Y.), 959
– Toys, European Comm'n proposes new safety standards, watchdogs not satisfied, 122
– Tuna, whether FDA actions relating to methylmercury preempted warning claims (3d Cir.), 184; warnings case not preempted by informal FDA actions, 798
– Vaccine preservative, neurological damage claims

– – No preemption due to conditional nature of clause (Ga.), 982
– – Preempted (Pa. Ct. Comm. Pls.), 892

METOCLOPRAMIDE

– Brand-name makers not liable to users of generics

– – Georgia (N.D. Ga.), 414
– – Kentucky (W.D. Ky.), 661

– Preemption

– – Rejected, suit reinstated (Cal. Ct. App.), 951; petition filed to reconsider no preemption decision, 1022
– – Warning claim preempted (D. Minn.), 621

MEXICO

– Bridgestone/Firestone suits

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

MICHIGAN

– Camcorders, Samsung announces settlement over blank screens (E.D. Mich.), 957
– Drug maker immunity

– – Aredia and Zometa MDL, Mich. plaintiffs' claims dismissed due to immunity law and preemption (M.D. Tenn.), 372
– – HRT as cause of breast cancer, Mich. woman's claims barred (W.D. Ark.), 395
– – Paxil, federal law preempts fraud exemption (W.D. Mich.), 262
– – Repeal, governor calls for, businesses vow fight, 144
– – Rezulin, whether suit preempted due to immunity exception (U.S., brief filed), 84; (oral arg), 202; (judg aff), 234

– Knee prostheses, state consumer law provides no remedy due to federal rules (E.D. Mich.), 1021
– Recreational vehicles, warranty breach in absence of privity, court settles on equitable remedy of rescission (Mich. Ct. App.), 282
– Seat belts, seller liability in breach of warranty suit (E.D. Mich.), 165

MILITARY

See ARMED SERVICES

MINING

– MSHA report faulting clogged equipment wrongly excluded (4th Cir.), 285

MINNESOTA

– Benzene exposure suit dismissed due to lack of evidence (Minn. Dist. Ct.), 112
– Children's products, bill to ban bisphenol-A and phthalates above a low concentration, 425
– Cold-Eeze, case properly dismissed, siblings fail to link zinc to loss of smell (8th Cir.), 846
– Defibrillators

See DEFIBRILLATORS

– Heart device, clinical trial release does not absolve maker of liability in extraordinary injury (D. Minn.), 283
– Heart valve class action, individual issues predominate (8th Cir.), 366
– Levaquin, moving nonresidents' claims to home states inconvenient (D. Minn.), 314; suits consolidated, 626
– Light cigarette marketing, federal labeling law does not preempt state fraud claims (Minn. Ct. App.), 12
– Metoclopramide generic drug, warning claim preempted (D. Minn.), 621
– Mirapex MDL, award to Milwaukee man due to compulsive gambling (D. Minn.), 754
– Pain pumps

– – Continued use, Kan. woman alleges use not design unsafe (D. Minn.), 877
– – Marketing as safe, suits seek to hold makers and drug companies liable for degeneration of shoulder cartilage (D. Minn.), 338; oral arguments set on centralization (J.P.M.L.), 623; transfer and centralization denied, 804

– Pergolide allegedly causes heart disease, risks understated (D. Minn.), 736
– Trasylol, N.C. woman sues Bayer alleging caused mother's death (D. Minn.), 1026
– Viagra MDL, plaintiffs and Pfizer file Daubert motions (D. Minn.), 6; some experts allowed, other excluded, 394

MIRAPEX

– MDL

– – Compulsive gambling, award to Milwaukee man (D. Minn.), 754
– – Lessons learned, Analysis and Perspective, 49

MISSISSIPPI

– Benzene as cause of lymphoma, expert rejected while defense JNOV upheld (Miss.), 737
– Cautery machine, amended complaint naming true defendant relates back to original filing (N.D. Miss.), 450
– Defibrillators, widow's suit time-barred (N.D. Miss.), 471
– Ford Explorer rollover settlement, family may pursue fraud claim (5th Cir.), 776
– School bus fire, party had chance to be heard and defend expert, exclusion approved (Miss.), 419

MISSOURI

– Defibrillators, Sprint Fidelis leads MDL

See DEFIBRILLATORS

– Diet Coke, class decertified, claims led to believe fountain product same as bottled (Mo.), 420
– Engine coolant-related damages, GM agrees to settlements (Cal. Super. Ct, Mo. Cir. Ct.), 396
– Explorer rollover, documents under protective order may not be disclosed to other litigants (Mo.), 4
– Firefighters with hearing loss due to sirens, suits withdrawn (Mo. Cir. Ct.), 549
– Hormone replacement therapy, Mo. not inconvenient forum for women's suit (Mo.), 927
– OBTape, no medical monitoring claim outside toxic tort context (W.D. Mo.), 775
– Scissor lifts, defect suit reinstated, erred in excluding experts (8th Cir.), 87
– Tobacco industry, wrongful death suit dismissed based on expert testimony (W.D. Mo.), 109
– Windshield wipers, class action over alleged defect tossed (8th Cir.), 733

MONTANA

– Asbestos, W.R. Grace announces proposal to settle all current and future litigation, also settles EPA claims (Bankr. D. Del.), 367

MOTOR VEHICLES

– Auction houses not covered under strict liability standard (Tex.), 333
– Buses

See BUSES

– China, CRS report cites economic implications of product safety and quality concerns, 69
– Consumer-generated complaints, NHTSA seeks comments on collection, 322
– Consumer harm from door handle noncompliance recognized (Mass.), 594
– Consumer Reports releases 2008 ratings, top picks have electronic stability control, 217
– Crash avoidance technologies

See CRASH AVOIDANCE

– Crash tests

See CRASHWORTHINESS

– Electric vehicles

– – Medium speed class, request to create denied, 1034
– – Weight allowance, NHTSA denies request to increase to allow low-speed trucks, 972

– Electronic stability control systems

See ELECTRONIC STABILITY CONTROL SYSTEMS

– Equipment

See specific types of equipment

– False testimony of expert alleged, attorney may not represent self when fact witness in case (S.D. Tex.), 715
– Global harmonization system

See GLOBAL HARMONIZATION SYSTEM

– Hybrid vehicles

See HYBRID VEHICLES

– Import safety, NHTSA seeks comments on best practices, 607; notice temporarily withdrawn, 653; NHTSA publishes notice, 696; makers comment, call for identifying marks, 831
– Importer bonds

See LEGISLATION, FEDERAL, HR 5069, S 2081

– Imports, SAE meeting speakers discuss efforts to address safety, 508
– Land Rover alignment defect, class actions rejected (C.D. Cal.), 986
– Lemon law, how damages should be assessed where lessee purchases vehicle after filing suit (7th Cir.), 756
– Odometers overstated mileage, suits against Nissan consolidated (J.P.M.L.), 449
– Pedestrian safety, NHTSA meeting set on quiet-car and blind pedestrian safety, 559
– Rear-axle pinion leak, GM recalls vehicles, 17
– Repair records do not support inference of defect in used car (Md.), 393
– Rollovers

See ROLLOVERS

– Roof strength

See ROOF STRENGTH

– Storage bin latches, GM recalls HHR vehicles, 886
– Sudden acceleration, experts to testify to support circumstantial evidence (S.D.N.Y.), 8
– SUVs

See SPORT UTILITY VEHICLES (SUVs)

– Trucks

See TRUCKS

MOTORCYCLES

– Brakes, proposed tests will upgrade old standard, 936
– Defect investigations, NHTSA, 321; 344; 788
– Fuel systems

– – Control valve diaphragm seepage, Honda recalls, 345
– – Fuel filter housing, Harley-Davidson recalls 2008 models, 814
– – Tank vent pipes, Honda recalls, 17

– Helmets

See HELMETS, subheading: Motorcycles

– Perjury at deposition and witness tampering voids settlement agreement (E.D. Tenn.), 601
– Rear-suspension collapse potential, Kawasaki recalls ZX14, 530
– Safety, NHTSA to address issue comprehensively, including behavioral countermeasures, 936
– Stalling problem, Yamaha recalls, 459
– Third-gear assembly, NHTSA denies requests seeking repair remedies, 127
– Tire failure, $15M jury award upheld despite not showing exact cause of defect (C.D. Ill.), 574
– Turn signal stalk breakage, Kawasaki recalls, 1036

MOTORS

– Assembly oil leaks, Subaru recalls vehicles, 973
– Brazil airliner crash, families file wrongful death complaints (S.D. Fla.), 398
– Coolant-related damages, GM agrees to settlements (Cal. Super. Ct, Mo. Cir. Ct.), 396
– Defect investigations, NHTSA, 16; 176; 197; 530; 559; 608; 634; 938; 1065
– Diesel emission exposure, N.Y. transit workers sue bus and engine makers (N.Y. Sup. Ct.), 826
– Dodge Neon oil leaks not warranty breach, fraud claims time-barred (9th Cir.), 645
– Engine fires

– – GM recalls Buick and Pontiac vehicles with V-6 engines, 296
– – Passat, suit filed (D. Utah), 142
– – Trucks, no evidence of defect (Iowa Ct. App.), 110

– Honda under-hood fires, class certification vacated, judge removed (9th Cir.), 756
– Powertrain control module, Chrysler recalls Jeep Commander SUVs, 510
– Small engines in outdoor equipment

– – Catalytic converters increases fire hazard, study, 214
– – Log splitters, Am. Honda Motor Corp. recalls, fire or explosion risk, 693

– Tire pressure monitoring system wiring issues could lead to engine stalling, GM recalls Sebring and Avenger, 377
– Water pump motors, A.O. Smith Elec. Prods. recalls, fire hazard, 631

MULTIDISTRICT LITIGATION (MDL)

– Aqua Dots suits consolidated (N.D. Ill.), 399
– Aredia and Zometa, Mich. plaintiffs' claims dismissed due to immunity law and preemption (M.D. Tenn.), 372; Tex. plaintiffs' claims dismissed (M.D. Tex.), 731
– Bextra and Celebrex, request for peer-review journal article documents denied (N.D. Ill.), 313; another court denies request for documents (D. Mass.), 369; settlement announced (N.D. Cal.), 1053
– Bisphenol-A use in food and beverage containers, oral arguments set on centralization (J.P.M.L.), 623
– Cellular telephones, insurer must defend class suits alleging biological injury (Tex.), 847
– Chicken raised without antibiotics claim, consumer class (J.P.M.L.), 662
– Contrast dye, gadolinium-based MDL, consolidation ordered (N.D. Ohio), 240; couple's suit remanded to Cal., drug distributor not fraudulently joined (N.D. Ohio), 877
– Cruise control switch defect may lead to fire, Tex. MDL panels consolidates suits (Tex. J.P.M.L.), 240
– Defibrillators

– – Guidant, settlement fund established (D. Minn.), 10; some attorneys oppose fee request, 170; attorneys' fees dispute resolved, 189; court adopts procedures for common fund attorneys' fees, 265; court explains decision, 288; reconsideration request denied, 337
– – Medtronic announces settlement (D. Minn.), 10; date set for common benefit attorneys' fees hearing, 627; remaining claims transferred, dismissal request denied when preemption unclear at this stage (N.D. Ill.), 900

– Digitek, oral arguments set on centralization (J.P.M.L.), 623; suits consolidated (S.D.W.Va.), 805
– Drugs and devices, lessons learned, Analysis and Perspective, 49
– Genetically modified rice MDL, complexity of damage calculations defeats class bid (E.D. Mo.), 802
– Heparin consolidation motion set (J.P.M.L.), 494; panel transfers suits (N.D. Ohio), 579; retired nurse and husband sue Baxter alleging harm, 647
– Hernia patches, scope not limited to patches actually recalled or containing recoil ring (D.R.I.), 92; Davol unable to talk to treating doctors (R.I. Super. Ct.), 873
– Honda under-hood fires, class certification vacated, judge removed (9th Cir.), 756
– HRT as cause of breast cancer, jury awards punitive damages (E.D. Ark.), 260; punitive award vacated, 659
– Knee and hip implant marketing, oral arguments set on centralization (J.P.M.L.), 623
– Levaquin, suits consolidated (D. Minn.), 626
– Mirapex as cause of compulsive gambling, award to Milwaukee man (D. Minn.), 754
– NuvaRing, oral arguments set on centralization (J.P.M.L.), 623; suits transferred (E.D. Mo.), 822
– Odometers overstated mileage, suits against Nissan consolidated (J.P.M.L.), 449
– Ortho Evra patch

See ORTHO EVRA

– Pain pumps, degeneration of shoulder cartilage, oral arguments set (J.P.M.L.), 623; transfer and centralization denied, 804
– Panacryl sutures, oral arguments set on centralization (J.P.M.L.), 623
– Peanut butter salmonella contamination claims sufficiently stated (N.D. Ga.), 548; 2 classes denied due to individual issues and refund program, 732
– Pet food contamination, Menu Foods announces tentative settlement (D. N.J.), 369; preliminary approval granted, 546
– Pondimin, repose law bars claim before accrual (E.D. Tenn.), 311
– Seroquel, disclosure ordered of documents used to prep witness (M.D. Fla.), 142; plaintiffs appeal order allowing defense to contact and retain doctors, 416
– Stand 'N Seal grout sealer MDL, claims to go forward against allegedly toxic ingredient (N.D. Ga.), 644
– Trasylol, defense seeks consolidation, plaintiffs oppose Conn. as forum (J.P.M.L.), 187; panel consolidates suits (S.D. Fla.), 399
– Tulane Law Review conference, Analysis and Perspective, 302
– Viagra, plaintiffs and Pfizer file Daubert motions (D. Minn.), 6
– Vioxx heart attack and stroke MDL, Merck agrees to settle, panel discusses (E.D. La.), 26; Merck says enrollment threshold met, 237
– Vytorin and Zetia suits consolidated (D. N.J.), 399
– Zyprexa, judge allows Internet broadcast of status conference (E.D.N.Y.), 263

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