Product Safety & Liability Reporter: Current Reports Index-Summary

RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS (RICO) ACT

– Light cigarette marketing, class decertified due to individual issues (2d Cir.), 367

RADIATION THERAPY DEVICES

– Jurisdiction, case dismissed for lack of personal jurisdiction over maker (5th Cir.), 371

RECALLS

– Auction houses, court finds no duty on tire recall notice (Tex.), 333
– Cal., new law bans sale and resale of recalled consumer products, 1030
– Consumer products

See specific products

– CPSC

– – Modernization Act

See LEGISLATION, FEDERAL, HR 4040

– – Reform Act

See LEGISLATION, FEDERAL, S 2045, S 2663

– Craigslist, Ill. AG Madigan blasts CPSC over sales of recalled products, 990
– Delays, Public Citizen charges CPSC waiting before warning public, 120
– EU recalls on rise, Chinese importers worst offenders, 427
– FDA Globalization Act, House Democrats release draft bill to improve drug and device import safety, 420; FDA says risk assessment should determine inspection priorities, 457
– Increase over same period last year, CPSC data shows, 343; CPSC recalls continue to rise, 670
– Insurance, Analysis and Perspective, 610
– Japan, record high in 2007 attributed to swift action, 96; recalls decreased in FY2007 due to better quality control and diligence, 377
– Monthly report, BNA, Dec., 41; Jan., 154; Feb., 249; April, 479; May, 562; June, 673; July, 764; Aug., 859; Sept., 999
– Motor vehicles

See specific type of vehicle

– Record year in 2007, Pryor (D-Ark) tells Consumer Fed. of Am., 120

RECREATIONAL EQUIPMENT

See SPORTS AND RECREATIONAL EQUIPMENT

RECREATIONAL VEHICLES

– Refrigerators, Dometic recalls, coolant leak leading to fire hazard, 430; vehicles with refrigerators recalled, 744
– Warranty breach in absence of privity, court settles on equitable remedy of rescission (Mich. Ct. App.), 282

REDUX

– Medical malpractice claim timely (E.D. Pa.), 825
– Wrongful death claims dismissed, PPH warning legally adequate (N.D. Ohio), 238

REFRIGERATORS

– Coolant leaks in trailers and motor homes, Dometic recalls, fire hazard, 430; vehicles with refrigerators recalled, 744

REGISTRATION

– Tires, NHTSA proposes to allow electronic means, 151

REGLAN

– Generic

See METOCLOPRAMIDE

REGULATIONS

See also specific products
– Appropriation bills, lawmakers use to control agency activities, 193
– White House instructs agencies to defer proposals and final rules, 506; agencies continue to propose new rules despite deadline, 785

REMICADE

– Side effects, defendants not “sellers” under N.J. law, remand motion denied (D.N.J.), 715

REMOVAL JURISDICTION

– Duragesic patch, “last-served” defendant rule governs removal time limits (11th Cir.), 753

REPORTING REQUIREMENTS

– CPSIA, Analysis and Perspective, 1068
– Drug adverse event reporting system (AERS), FDA to post reports quarterly on Web, 879
– Japan, Mitsubishi Motors CEO sentenced for reporting failures, 99
– Pressure cookers, Home Shopping Network agrees to fine, 15
– Trampolines, Stamina agrees to penalty, 94
– TREAD Act 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

– Tree stands, Ardisam agrees to penalties, 94
– Vornado heater trust agrees to pay civil fine for reporting failures, 148

REPORTS

– Ed. Note: For information on publications, reports, studies, and surveys, see specific subject headings.

RES JUDICATA

– Hormone replacement therapy, class certification denied, named plaintiff does not represent class (S.D. Cal.), 204
– Tobacco industry

– – Smoker illnesses, findings from predecessor smoking class rejected without enforceable judgment (M.D. Fla.), 843
– – Wrongful death, whether widow may file suit when loss of consortium claims dismissed (Cal.), 547

RESTRAINTS

– Child restraints

See CHILD RESTRAINTS

– Seat belts

See SEAT BELTS

RETAIL INDUSTRY

– Bisphenol-A, retailers take BPA products off shelves in Canada, 402
– CPSC Modernization Act

See LEGISLATION, FEDERAL, HR 4040

– Display fixtures in stream of commerce for Tex. indemnification purposes, shower door shattered in showroom (5th Cir.), 1024
– Import safety, large retailers report heightened attention, 671
– Safety assurance systems, Nord offered advice on manufacturer contracts and recalls, 500
– Wal-Mart Stores issues new safety standards for Chinese suppliers and subcontractors, 1061

REZULIN

– Mich. immunity exception, whether suit preempted (U.S., brief filed), 84; (oral arg), 202; (judg aff), 234

RHODE ISLAND

– Asbestos, Canadian workplace exposure suit dismissed, forum non conveniens adopted (R.I.), 516
– Hernia patches

– – MDL, 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
– – Statute of limitations no bar to man's claims, on notice from FDA report (R.I. Super. Ct.), 519

– Lead paint, public nuisance suit, paint makers appeal verdict, argue cumulative nuisance unconstitutional (R.I.), 163; amicus brief filed, 165; Webcast of oral arguments offered, 470; suit rejected, claims fall outside public nuisance law, 640; Analysis and Perspective, 834
– Nightclub fire, foam companies agree to tentative settlements (D.R.I.), 642

RICO

See RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS (RICO) ACT

RISK ASSESSMENTS

– Bisphenol-A

– – Am. Chem. Council sponsoring neurotoxicity test, 966
– – FDA

– – – Advisory Science Board panel meeting considers a range of studies, 904; JAMA study links to diabetes and other problems, caution urged, 905
– – – Baby bottles, FDA reviewing use, 504; 583; FDA draft risk assessment says no harm to babies, 810

– – NTP issued draft report, 402; expert panel finds some concerns overstated, 583; Am. Chem. Council sponsoring neurotoxicity test, 966

– Drug safety

– – FDA orders risk evaluation and mitigation strategies (REMS), 315
– – Web page, FDA launches, 1031

– FDA Globalization Act, FDA says risk assessment should determine inspection priorities, 457

RISK CONTRIBUTION THEORY

See COMPARATIVE FAULT

ROFECOXIB

See VIOXX

ROLLOVERS

– Buses

– – Safety enhancements

See LEGISLATION, FEDERAL, HR 4690, S 2326

– – Victoria, Tex. rollover crash, NTSB hearing on safety of foreign-made motorcoaches, 995

– Electronic stability control

See ELECTRONIC STABILITY CONTROL SYSTEMS

– 15-passenger vans

– – House Resolution marks intention to improve safety, 215
– – Summer months risk targeted in NHTSA advisory, 508

– Ford Explorer

– – Auction houses not covered under strict liability standard (Tex.), 333
– – Cal. affirms punitive award, says not for harm to third parties (Cal. Ct. App.), 258; whether due process violated (Cal., rev grant), 687
– – Documents under protective order may not be disclosed to other litigants (Mo.), 4
– – Fla. quadriplegic woman, Ford reaches settlement (M.D. Fla.), 34
– – Mo. family may pursue settlement fraud claim (5th Cir.), 776
– – Newer design, verdict for Ford, jury says glass and roof design not defective (W.D. Ark.), 260
– – Teenage son killed, Ford and family settle case after jury verdict set aside (N.D. Okla.), 517

– Glass safety standards do not preempt state claims (Ark.), 163
– IIHS finds strong vehicle roof linked to lower death and injury rates, 272
– Lawnmower death, defense verdict, evidence barred on other accidents and maker's remedial actions (W.D. Ky.), 780
– Mitsubishi SUV, maker to appeal award to parents of ejected man (Fla. Cir. Ct.), 259
– Roof strength

See ROOF STRENGTH

– Tires

– – Nylon cap theory disallowed (D.N.M.), 897
– – Private life evidence “unduly prejudicial,” defense verdict reversed (Cal. Ct. App.), 774
– – Replacement snap-in valve system caused rollover death, widow filed suit (Fla. Cir. Ct.), 586

– Tread separation

– – Fla. jury finds Cooper tire flawed, $1.5M verdict returned (Fla. Cir. Ct.), 313
– – Tex. woman killed, family sues (E.D. Tex.), 91

– VW Beetle, families allege defects in occupant protection and other systems, NHTSA final rule may preempt some claims (E.D. Tex.), 1025

ROOF STRENGTH

– Buses

– – Rivets, Blue Bird recalls, 560
– – Safety enhancements

See LEGISLATION, FEDERAL, HR 4690, S 2326

– Explorer rollovers

– – Fla. quadriplegic woman, Ford reaches settlement (M.D. Fla.), 34
– – Newer design, verdict for Ford, jury says glass and roof design not defective (W.D. Ark.), 260
– – Teenage son killed, Ford and family settle case after jury verdict set aside (N.D. Okla.), 517

– IIHS finds strong vehicle roof linked to lower death and injury rates, 272
– NHTSA Outlook 2008, 74
– Resistance standard, proposal includes two-sided rollover test, 96; NHTSA extends comment period, 275; conflicting comments received from safety advocates and auto industry, 374; Nader protests weak rule, critical of auto industry “takeover” of NHTSA, 476; disparate views presented at SAE meeting, seat belt and stability data unveiled, 506; expert says research not new and unrepresentative of real world, 528; Senate blasts rule requirements and preemption language at hearing, 556; lawmakers urge NHTSA to extend rulemaking deadline, 606; NHTSA says no extension request yet, 633; DOT Peters seeks extension, 651; consumer groups seek to remove preemption provisions, 884; rule delayed as NHTSA asks for more time, 969
– Rollover tests, autos and occupants do poorly in real-world tests, 884

RUGS

See CARPETS