Product Safety & Liability Reporter: Current Reports Index-Summary

RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS (RICO) ACT

– Economic loss from off-label marketing of cancer drugs, class of 3d party payers claims illogical, disregards whether effectiveness misrepresented, and no proof they were ineffective (D.N.J.), 810
– Unfair trade practices and consumer protection, Pa. state workers' health and welfare fund sues cholesterol reduction drug makers for deceptive marketing practices (E.D. Pa.), 667

RAILROADS

– Asbestos, failure to instruct jury about legal standard for awarding fear-of-cancer warnings in asbestos cases improper (U.S., vac and rem), 636

RECALLS

– Apparel

See APPAREL

– Appliances

See APPLIANCES

– Automotive equipment

See AUTOMOTIVE EQUIPMENT

– Bicycles

See BICYCLES

– Child safety products

See CHILD RESTRAINTS; CHILD SAFETY

– Children's garments

See APPAREL

– China, recall draft law receives few comments, 451; report issued in response to Congressional requests, contracts to analyze composition awarded, Chinese agency asked for list of producers that use gypsum from ShanDong mines, 791
– Clothing

See APPAREL

– Compliance, information and training initiatives under development by private firm, 394
– Consumer products

See specific products

– Cribs

See CRIBS

– Electric toasters from China recalled by CPSC, 41
– Food

See FOOD

– Footwear

See APPAREL

– Keychains with high level of lead, CPSC announces recall, 141
– Lead in children's products

See LEAD

– Monthly report, BNA, Dec., 74; Jan., 199; Feb., 298; March., 428; April, 545; May, 675; July, 892; Aug., 1021; Sept., 1076
– Motor vehicles

See MOTOR VEHICLES; specific type of vehicle

– Nails and cosmetics

See COSMETICS

– Notice of mandatory recalls, CPSC proposes guidance, 345
– Peanut Corp. of America, salmonella outbreak

See FOOD

– React Wii battery 4-dock recharge stations, CPSC announces recall, 890
– Shoes

See APPAREL

– Snow globes, candle-powered carousels, CPSC recall, fire hazards, 14
– Sports and recreational equipment

See SPORTS AND RECREATIONAL EQUIPMENT

– Strollers

See CHILD SAFETY

– Tires

See TIRES

– Tools

See TOOLS

– Toys and games

See TOYS AND GAMES

– TV wall mounts

See TELEVISIONS

– Wireless light switches, Idea Village voluntarily recalling Handy Switch model number KS-08, fire hazard, 1116

RECREATIONAL EQUIPMENT

See SPORTS AND RECREATIONAL EQUIPMENT

REDUX

See DIET DRUGS

REGLAN

See METOCLOPRAMIDE

REGULATIONS

– Ed. Note: This heading covers regulatory process generally. For specific rules and proposed rules, see specific agencies and subject matter.
– Database.gov and Regulations.gov, White House unveils to promote open government and increase citizen participation, 647; notice of hearing set, 1093

REMOVAL JURISDICTION

– Avandia

See AVANDIA

– Fraudulent joinder to defeat federal diversity jurisdiction

See JURISDICTION

– Gas storage tanks, defective pipes, remand of removed case reviewable in federal appeals court (5th Cir.), 135
– Heparin, adverse reaction claim remanded to state court (S.D. Ala.), 252
– Metoclopramide, non-forum defendant properly removed claim (E.D. Pa.), 500
– Pre-service, statutory language allows where state resident not yet served (D.N.J.), 912
– Wrongful death, no speculation in concluding that more than $75K at stake in claim against tire maker for rollover death (M.D. Ala.), 860

REPORTING REQUIREMENTS

– CPSIA, Fifth Amendment protection against self-incrimination, Analysis & Perspective, 173
– Fans, Lasko agrees to fine, 40
– Magnetic building sets, Mega Brands agrees to pay $1.1M penalty for violation of reporting requirements, 452
– Oscillating fans, Haier Am. Trading to pay civil fine for failure to report fire hazard, 819

RESEARCH

– Advanced Technology Vehicle Act

See LEGISLATION, FEDERAL, HR 3246

RESTAURANTS

See FOOD SERVICES

RETAIL STORES

– Yard and garage sales, CPSC not planning to issue fines, Perspective, 1119

REVOLVING DOORS

– Evidence, no requirement for Daubert hearing before excluding engineer's testimony where no investigation, inspection, or knowledge of condition (Del.), 695

RHODE ISLAND

– Lead paint, abatement costs, state liable for costs of court-appointed examiners (R.I. Super. Ct.), 133

RICO

See RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS (RICO) ACT

ROLLOVERS

– Design issues in steering tie rod, seat belt, and door latch, driver killed in accident and fiancee have no claims against Ford where no evidence vehicle defective (Utah Ct. App.), 712
– High center of gravity, field hockey player paralyzed after sideswiping car caused Land Rover to roll over gets damages (Cal. Super. Ct.), 626
– Micros and minicars, roof strength of micro and minicars compared, 920
– Roof strength

See ROOF STRENGTH

– Safe Highways and Infrastructure Protection Act

See LEGISLATION, FEDERAL, HR 1618, S 779

– Seat belts

See SEAT BELTS

– Tires separation causing

See TIRES

– Vehicular crashes, NHTSA programs must meet Congressional mandates by 2011, other programs to get key attention announced, 746
– Whistleblowing, Toyota request to seal evidence that car maker concealed key evidence and withheld data from NTSB rejected, available on internet, Tex. attorney seeks to reopen previous accords (C.D. Cal.), 1036

ROOF STRENGTH

– Bush administration rules, halt to publication of pending rules ordered by White House chief of staff, 113
– Comparative fault, principles apply in enhanced injury, courts may consider driver's intoxication in defective vehicle claims (Iowa), 1103
– Ford Explorer, punitive award for harm to third parties not improper, review dismissed (Cal.), 534
– Kia Sorento SUV, jury finds for defendant (Okla. Dist. Ct.), 333
– Mistrials, Nissan Pathfinder plaintiff may pursue roof-defect theory at retrial despite failure to make claim in first trial (Cal. Ct. App.), 153
– Motorcoaches

– – Motorcoach Enhanced Safety Act, to overhaul safety, and prevent serious injuries and deaths, Brown (D-Ohio) and Hutchison (R-Texas) to reintroduce, 293
– – Research and tests discussed at bus safety summit, 291
– – Utah accident blamed on driver fatigue, 486; full safety review ordered by DOT, 508

– Seat belts, automaker partly liable for role in design (D. Colo.), 532
– Small cars, increased roof strength reduces risk of injury and death in rollover, insurance research study, 169
– Standards for light vehicles, Final Rules. double strength, 506
– Stringent new tests, Insurance Inst. unveils, 369

ROVs (RECREATIONAL OFF-ROAD VEHICLES)

See ALL-TERRAIN VEHICLES (ATVs)

RULES AND REGULATIONS

See also generally specific agencies and subjects covered
– Database.gov and Regulations.gov, White House unveils to promote open government and increase citizen participation, 647; notice of hearing set, 1093