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Vol. 37, Nos. 1-42, pp. 1-1120 Jan. 5 -- Oct. 26, 2009 A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z
SAFE, ACCOUNTABLE, FLEXIBLE, AND EFFICIENT TRANSPORTATION ACT: A LEGACY FOR USERS (SAFETEA-LU)
– Vehicle safety programs, Senate panel approves 18 month extension for FMCSA and NHTSA, 822
– Asset purchases, firm that bought specialty plumbing part maker has no claim against seller for defective parts under purchase agreement or Tex. law (Tex. App.), 756
– Chrysler
See MOTOR VEHICLES
See MOTOR VEHICLES
– Peanut Corp. of America outbreak
See FOOD
– Discovery, Bentley Motors misused process so flagrantly that failure grant default judgment was abuse of discretion (Cal. Ct. App.), 686
See BUSES
See MOTORCYCLES
– Benefits of increase use
– – Historic decrease in fatalities noted, 415
– – NHTSA study, 582
See CHILD RESTRAINTS
– Frontal crashes, comments sought on study of why seat belt use, air bag protection, and crashworthiness structures of newer cars not preventing fatalities, 1117 – House Surface Transportation Authorization, car makers and safety council urge states to enact legislation, will lose Highway Trust Fund awards if not in place, 870 – Jury misconduct, new trial required where potential juror did Google search of seat belt maker and discussed with other jurors during deliberations (S.D.), 1028 – Lap-only suits preempted by motor vehicle standard (U.S., briefs sought), 1066 – Motorcoaches
– – Lap and shoulder belts, acting NTSB chair urges voluntary placement on new vehicles in absence of federal requirements, 645
– – 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 – Retractor problems, Toyota recalling Yaris vehicles, 143 – Rollovers
– – Design defect, automaker partly liable (D. Colo.), 532
– – Design issues, driver killed in accident and fiancee have no claims against Ford where no evidence vehicle defective (Utah Ct. App.), 712 – – Evidence, award to driver for ejection after crash overturned where expert testimony on whether seat belt worn improperly excluded (Haw. Ct. App.), 932 – – Unlatching, no new trial for woman paralyzed in accident, insufficient evidence of juror misconduct and no abuse of discretion in evidence exclusion (N.M. Ct. App.), 627 – Salt-belt states, internal corrosion, 2001-2004 Kia Optima, 772 – Seat harnesses, Mazda Motor Corp. recalls CX9 over electrical short, 261 – Use, NHTSA study, 2008, 1015
– Diabetes risk, sealed documents show maker knew of link, news organization says in filing seeking disclosure (M.D. Fla.), 220; documents released, 278
– Evidence, expert witnesses testimony excluded where she failed to rule out other clauses of plaintiff's diabetes and medical literature did not support opinion (Del. Super. Ct.), 687 – Expert fails to link drug to diabetes, maker granted summary judgment (M.D. Fla.), 155 – FDA advisory panel to discuss safety risks, 285; panel finds drug effective, not proven safe for all patients, 448 – Foreign actions, evidence of properly excluded (M.D. Fla.), 308 – N.M., claims for falsely promoting medication properly heard in state court where Medicaid program unnecessarily paid for prescriptions (D.N.M.), 814
– Asbestos
– – Bankruptcy, direct action claims against insurers barred, worker accords may be at risk (U.S., oral arg), 388; Sup. Ct. nominee Sotomayor's decision among product liability related cases while on 2d Cir., 632; personal injury plaintiffs may not directly sue insurers who may have knew of risks (dec), 684
– – Navy ship worker reaches accord with manufacturer (Cal. Super. Ct.), 247 – Construction equipment, deck material prone to mold, settlement approved (W.D. Wash.), 105 – Contribution, hospital and anesthesia group may seek damages from catheter access kit maker used as pain pump refill kit where adequate notice of accord given (E.D. Mich.), 984 – Implantable defibrillators, allocation of funds to counsel set by court (D. Minn.), 9; court declines to rule on objections to allocations, 250 – Jury misconduct leading to settlement, discovery of conduct allowed (Tex.), 404 – NHTSA, final rule increases chief counsel authority to compromise in bankruptcy, 891 – Paxil, broken pill claims, nationwide settlement given preliminary approval (D.P.R.), stay sought pending approval of settlement (Cal. Super. Ct.), 280
– Asbestos, jury awards damages to civilian worker exposed during work in shipyards but pretrial accords limit recovery (Cal. Super. Ct.), 1086
– Buster Brown children's clogs, decorative wheels, choking hazards, 892
– Charles David women's shoes, fall hazard, 892 – Crocs, maker sued for negligence and design defects, shojis got caught in escalator, will have new warning tags by holiday season (E.D. Tenn.), 909 – Lead in children's products
– Firefighters, hearing loss risk
– – N.Y., maker has no duty to warn, danger open and obvious (N.Y. App. Div.), 740
– – Philadelphia, 80 firefighters file Ill. suit for permanent hearing loss after exposure over several years (Ill. Cir. Ct.), 1109
– CPSIA, CPSC explains responsibilities, 195
– CPSIA retroactivity poses big problems for small businesses, 578 – Cribs, costs of testing criticized by manufacturer as too costly, 228
– CPSC recalls, Kidde, electrostatic discharge may cause failure to alert customers, 794
See CIGARETTES
– Chantix
– – Breach of warranty claims survive failure to give notice (S.D. Ind.), 130; JPML consolidates pretrial proceedings (N.D. Ala.), 1067
– – Construction/composition defect, couple may pursue some claims against drug maker (W.D. La.), 1068 – – Neuropsychiatric events, Minn. man claims maker knew of risks but downplayed side effects in ads and drug warnings (D. Minn.), 864 – – Psychological side effects, family of musician shot during violent episode triggered by drug brings claim for failure to warn (N.D. Tex.), 981
– Lead standards
– – CPSIA
– Child booster seats, NTSB urges state to pass laws requiring, 990
– Jury misconduct, new trial required where potential juror did Google search of seat belt maker and discussed with other jurors during deliberations (S.D.), 1028
– Asbestos, nationals who sued for exposure while working on or near U.S. ships may litigate in Del. (Del. Super. Ct.), 688
– Brake lights, Mitsubishi issues recall, 16
– Bumpers, NHTSA requests comments on whether to amend standard to require compliance with passenger safety rules, 700 – Fire hazard, investigation opened into effectiveness of repairs to 2007 Ford Escape and Mazda Tribute, 487 – Ford Explorer and Mercury Mountaineer, defect investigation opened, 509; upgraded to address complaints of movement after shifting into park, 945 – Ford Explorer, roof strength, punitive award for harm to third parties not improper, review dismissed (Cal.), 534 – Hummer H3T, shifter and fuel tank supports, GM issues recall, 320 – Jeep Grand Cherokee, heated seat fire hazard, recall announced, 455 – Jeep Liberty, ball joint failures, recall of salt-belt state vehicles announced, 455 – Roof strength and electronic stability control, Kia Sorento, jury finds for defendant (Okla. Dist. Ct.), 333 – Safe Highways and Infrastructure Protection Act
– DesignWare sport balls, lead paint, recall, 892
– Home gym equipment, Nautilus recalls, 291 – Hunting equipment, tree stand, hunter's widow wins uncontested damages in strangulation death (Ind. Sup. Ct.), 248 – Little Tikes clubhouse swing sets, fall and injury, recall, 892 – Orbitrek Elite and Elite Magnetic elliptical exercise gliders, fall hazard, 892 – Rossignol ski boots, 892 – Spaulding in-ground basketball hoops, CPSC recall report, 1021 – Stamina elliptical cross-trainers, recall, 892 – Toys and games
See TOYS AND GAMES
See DEFIBRILLATORS
– Child restraints, class action failing to allege injury lacks (N.D. Cal.), 476
– Chlordiazepoxide with clinidium bromide (CDP), no claim where no harm or product ineffectiveness (N.D. Cal.), 531 – False advertising and fraud, no claims where no injuries from contraceptive and no allegations of reliance on advertisements (E.D. Cal.), 787; contraceptive maker seeks stay pending consolidation motions, 1006 – Unfair competition, Cal. law only requires named representative to have standing and prove reliance (Cal.), 595
– Blood products, forum non conveniens, Taiwanese hemophiliacs may proceed contamination claims in Cal. (N.D. Ill.), 104; claims barred by Cal. and Taiwanese statutes (N.D. Ill.), 448
– Forum non conveniens, N.D. courts may not dismiss asbestos suits on convenience grounds if time-barred in other jurisdictions (N.D.), 756 – Fraud and deceptive trade practices, doctor put Neo-Synephrine patient on notice of risks of addiction, suit untimely (N.D. Ill.), 185 – Hip prosthesis, woman may maintain replevin action where filed within 3 years after return demanded but warranty beach claims untimely (D.D.C.), 811 – Minn., state limitations period applies to case filed in Minn. by non-resident who charged hormone therapy drugs caused breast cancer (Minn.), 950 – Negligence and strict liability, claim by estate of diabetic for defective glucose monitor untimely where claims did not relate back to original complaint against other makers and no notice of claims against them (N.D. Ind.), 788 – N.C., bill giving plaintiffs 12 years from date of initial purchase to bring action seeking recovery of damages for personal injury signed, 867 – Pain pumps, Pa. claim remanded for determination of due diligence requirement (E.D. Pa.), 340 – Putting unreasonably dangerous farm equipment on market, limit is 2 years (D. Nev.), 131 – Repose, Tenn. law bars claim not filed within 1 year of Fen-Phen expiration date for lung disease that did not manifest until 5 years later (6th Cir.), 951 – Separate physical injury claims arising out of same action, Cal. Sup. Ct. asked to clarify (9th Cir.), 405 – Skin cancer cream, Aldera, symptoms put plaintiff on notice, suit against maker barred (D. Utah), 219 – Strict liability, teenager exposed to lead by eating paint chips gets damages, suit not time-barred where boy was minor (Miss. Cir. Ct.), 737; paint maker urges new trial or setting damages aside, no evidence its paint ingested, no substantial changes, design defect, or cause of cognitive deficits, 805; paint maker plans challenge, 1110 – Wrongful death suit related to product's toxicity must be filed within 2 years of death (Ind.), 4 – Zyprexa, claims against drug maker for development of diabetes time-barred, no evidence different warning would affect prescribing decisions (E.D.N.Y.), 741
– Lap-only seat belt suit preempted by motor vehicle standard (U.S., briefs sought), 1066
– Dodge Rams, recall announced, 73; 115
– GM Pontiac Grand Prix, Chevrolet Impala and Monte Carlo defect investigation opened, 606 – I-shafts, nonwelded side could separate, ZF Sales and Serv. NA, recall, 1077 – Jeep Liberty, recall of salt-belt state vehicles announced, 455 – Kenworth and Peterbilt trucks, modified weld may fail, recall, 892 – Volvo truck problem, NHTSA defect investigation upgraded, 114
– Lawn mower, parents negligent and not maker when father overrode safety feature and ran over unsupervised child (Wis.), 782
– Lead as inherent characteristic of paint pigment cannot be design defect, boy who ingested has no claim for lead poisoning (Wis.), 780 – Negligence, elderly woman severely injured by malfunction gets damages from store and door maker in accord (Ill. Cir. Ct.), 1085 – Substantial modification, evidence of safety lever removal after brush mower sale relieves maker of liability for amputation (D. Mont.), 878
– Expert witnesses, tax returns and financial records to show bias barred (M.D. Tenn.), 444
– General Motors
See MOTOR VEHICLES
– Kugel hernia patches, no liability for patches made by predecessor where continuation of business exception criteria not met (W.D. Ark.), 936
– Appointments and personnel changes, nominee Sotomayor has ruled on wide array of product liability matters on 2d Cir., 632
– Agent Orange, damages claims against makers dismissed (rev den), 282 – Asbestos, bankruptcy bars direct action claims against insurers, worker accords may be at risk (oral arg), 388; Sup. Ct. nominee Sotomayor's decision among product liability related cases while on 2d Cir., 632; personal injury plaintiffs may not directly sue insurers who may have knew of risks (dec), 684 – FELA, failure to instruct jury on legal standard for awarding fear of cancer damages in asbestos cases improper (rev den), 636 – Light cigarettes, negligence claim rejected when less utility found (rev den), 1066 – Preemption
– – Artificially-colored farmed salmon, Food, Drug, and Cosmetic Act does not preempt claims enforcing parallel state laws (rev den), 66
– – Canned tuna, mercury poisoning, failure to warn claim (rev sought), 104; plaintiff seeks denial of review (brief filed), 357; (rev den), 474 – – Drug labels
– – – Antidepressants, heartburn drug, review of preemption rulings sought (rev sought), 277
– – – Federal regulatory approval does not preempt Pa. law failure to warn claims (dec), 274; remanded to 3d Cir. for reconsideration, 306; implications of decision, Analysis & Perspective, 321; briefs on effect of Levine filed (3d Cir.), 473; implications of decision, Analysis & Perspective, 550; BNA conference on impact, 574; implications of decision, Analysis & Perspective, 648; FDA orders promethazine makers to modify labeling to state than intramuscular injection is preferred method of administration, Analysis, 1094 – – 2008-2009 term, court's announcement of new procedural standards for product liability and consumer protection memorable, may have reversed pro-preemption trend, Special report, 824 – Tobacco, $79M punitive damage award against Philip Morris left standing (rev den), 380 – Vaccine Act, federal law does not preempt design defect claims (U.S., rev sought), 630; government's view on whether to review preemption sought, 659 – Warranties, accelerator pedal design defects, breach claim class certified (rev den), 1066
– Defect investigations, NHTSA
– Ford F-250 and F-350 trucks, no class certification for claims for front end oscillation on bumps, Pa. law requires showing individual claims of justifiable reliance (E.D. Pa.), 959 – Ranger pickups, front wheel spindles, Ford Motor Co. recalls, 198 – Sonata, XG300 and XG350, corrosion in salt belt states, Hyundai recall, 298 – Upper front strut insulators, Nissan Ultimo and Maxima, recall, 1077
– Fatalities and injuries, CPSC report, 2009, 645; CPSC seeking public comments on technical guidance on unblockable drains, 794
– Non-pool and non-spa submersion, incidence often result of supervision lapse, risk of in-home drowning of young children major concern, CPSC report, 1074 – Pool and Spa Safety Act, CPSC web page consolidates information on Act, 230; notice of hearing on unblockable pool and spa drains set, 1093; CPSC evaluating comments that drain covers would not sufficiently prevent suction entrapment, 1115 – Pool chemicals, expert witnesses, differential diagnosis test adopted, criteria enunciated (6th Cir.), 475 Contact the Webmaster at webmaster@bna.com Copyright © The Bureau of National Affairs, Inc. All Rights Reserved. |
