Product Safety & Liability Reporter: Current Reports Index-Summary

TASER GUNS

– Foreseeable dangers only create failure to warn liability (Ariz. Ct. App.), 58
– Wrong-draw case rejected (9th Cir.), 490
– Wrongful death

– – Award upheld (N.D. Cal.), 575
– – Causation, suit dismissed (D. Nev.), 925

TEFLON

– Perfluorooctanoic acid use, Norway proposed ban, 720

TELECOMMUNICATIONS

– Cell phones

See CELLULAR TELEPHONES

– Telephones

See TELEPHONES

TELEMATICS

– D.C. Auto Show media briefing highlights crash avoidance, 97

TELEPHONES

– Wrongful death, breach of implied warranty considered tort claim subject to proportionate responsibility limitations (Tex.), 643

TELEVISIONS

– JVC 1080p TVs don't get 1080p signal, claims go forward (D.N.J.), 625
– Rear projection high-definition, Sony settlement approved to replace optical blocks (S.D.N.Y.), 495
– Stands, Studio RTA recalls, tip over hazard, 693; 935
– Tipovers, CPSC releases injury information, 828

TENNESSEE

– Air bags, consumer-expectation test used in non-deployment case (6th Cir.), 730
– Aredia and Zometa MDL

– – Mich. plaintiffs' claims dismissed due to immunity law and preemption (M.D. Tenn.), 372
– – Tex. plaintiffs' claims dismissed due to immunity law and preemption (M.D. Tex.), 731

– Asbestos exposures from drywall materials, suit reinstated, transfer to Tenn. court rejected (Cal. Ct. App.), 13
– Bridgestone/Firestone suit, trial court ordered to evaluate Mexican legal proceedings (Tenn. Ct. App.), 892
– Drilling equipment, case dismissed as spoliation sanction regardless of intent (Tenn. Ct. App.), 168
– Kugel mesh hernia patch case remanded, joinder of non-maker defendants proper (E.D. Tenn.), 716
– Ladders, Tenn. long-arm statute does not extend to German maker (6th Cir.), 928
– Motorcycles, perjury at deposition and witness tampering voids settlement agreement (E.D. Tenn.), 601
– Odometers overstated mileage, suits against Nissan consolidated (J.P.M.L.), 449
– Offset collisions, DaimlerChrysler liability upheld but punitive award reduced (Tenn. Ct. App.), 1020
– Pet food tainted by aflatoxin mold, Diamond settles class action (E.D. Tenn.), 36
– Pondimin, repose law bars claim before accrual (E.D. Tenn.), 311
– Pool cleaner, no loss of smell evidence, medical testimony barred (E.D. Tenn.), 647
– Seat back collapse, punitive award reinstated, not excessive (Tenn. Ct. App.), 710
– Trocar device, exclusion of evidence of similar device malfunctions rejected (Tenn. Ct. App.), 167

TESTICULAR PROSTHESIS

– Cal. suit preempted (Cal. Ct. App.), 85

TESTING

– Arsenic in chicken waste, exposure as cause of leukemia, multi-defendant causation test applied (Ark.), 496
– Bisphenol-A

– – Am. Chem. Council sponsoring neurotoxicity test, 966
– – Children's products

See LEGISLATION, FEDERAL, S 2928

– – EU Steering Group study finds no reproduction or development harm in lab mice, 503

– CPSC

– – CPSIA provisions, Analysis and Perspective, 974
– – Imports, Nord outlines safety plans, 38; CPSC seeks comments on four-pronged safety strategy, 473; comments received, 552; strategy released, 649
– – Labs, budget increase includes improvements, 119; Bush announces budget, 146
– – Modernization Act

See LEGISLATION, FEDERAL, HR 4040

– – Reform Act

See LEGISLATION, FEDERAL, S 2045, S 2663

– – Third-party lab testing of cribs and pacifiers, CPSC sets accreditation policy, 1059

– Crash tests

See CRASHWORTHINESS

– Horse trailer gate latch, expert allowed, feasibility study not needed (N.J. Super. Ct.), 86
– In vitro basal cytotoxicity test methods approved by CPSC commissioners, 881
– Lawn mower severs fingers, testing and alternate warning at issue (E.D.N.Y.), 446; expert reinstated after test submission, 580
– Lead in children's products, CPSC publishes accreditation requirements, 932
– Mad cow disease, USDA can prevent meatpacker from testing herd (D.C. Cir.), 849
– Motorcycles

– – Brakes, proposed tests will upgrade old standard, 936
– – Helmets, minimum performance standards proposed, 971

– Ocular toxicity, CPSC approves two test methods, 147
– Pop tart buildup alleged cause of toaster fire, expert may use tests (W.D. Pa.), 848
– Roof strength

See ROOF STRENGTH

– Seeds, new federal pleading standards affect farm claim, expert's test adaptation allowed (M.D. Ga.), 397
– Shower curtains, advocacy group says smell toxic, 584
– Underwriter's Labs. meets with CPSC for update on for-profit subsidiary plan, 374

TEXAS

– Asbestos in cigarette filters, defense verdict says not cause of mesothelioma (Tex. Dist. Ct.), 957
– Benzene, discovery request over broad so prohibited in wrongful death suit (Tex. App. Ct.), 805
– Buses

– – Angel Tours N. Tex. crash

– – – Imminent hazard operations out-of-service order issued, 812
– – – Unreasonably dangerous, plaintiffs sue maker and driver (Tex. Dist. Ct.), 807

– – Seat belts, verdict thrown out, jury must decide settling parties fault (Tex. App. Ct.), 922

– Cellular telephones, insurer must defend class suits alleging biological injury (Tex.), 847
– Clothes dryers as cause of fire

– – Maytag, case to proceed on evidence (Tex. Ct. App.), 171
– – Whirlpool, award in death upheld (Tex. App. Ct.), 105

– Cochlear implants, adulterated, parallel requirements argument survives preemption claim (N.D. Tex.), 799
– Cotton dust, worker exposure mass tort dismissed (Tex. Dist. Ct.), 757
– Cruise control switch defect may lead to fire, Tex. MDL panels consolidates suits (Tex. J.P.M.L.), 240
– Defibrillators, flawed Sprint Fidelis leads, wrongful death suit transferred to MDL (E.D. Tex.), 958
– Heart valves, state claim preemption upheld (U.S., rev den), 207
– Hernia repair mesh, Ark. man sues maker, alleges product became infected (E.D. Tex.), 35
– Latex gloves, indemnification limited to innocent sellers of maker's own products (Tex.), 335; indemnification question remains (5th Cir.), 600
– Motor vehicles

– – Auction houses not covered under strict liability standard (Tex.), 333
– – False testimony of expert alleged, attorney may not represent self when fact witness in case (S.D. Tex.), 715
– – Pickup trucks, new jury instructions in Tex. on “manufacturing defect” and “producing cause” (Tex.), 31
– – Seat belt buckle class action, plaintiffs lack standing (Tex.), 139
– – Tread separation, Tex. woman killed, family sues (E.D. Tex.), 91

– Nutritional content, class suit says restaurants misrepresented (N.D. Tex.), 578
– Polio vaccine allegedly caused tumor, suit dismissed when unable to identify maker (5th Cir.), 206
– Radiation therapy devices, case dismissed for lack of personal jurisdiction over maker (5th Cir.), 371
– Retail display in stream of commerce for Tex. indemnification purposes, shower door shattered in showroom (5th Cir.), 1024
– Sewer-clearing machine, evidence sufficient for electrical shock suit (Tex. App. Ct.), 64
– Spinal implant discs, suit alleges maker failed to follow FDA approval process (S.D. Tex.), 263; improper venue dismissal argument rejected, 451; plaintiff allowed to take discovery related to clinical trials, 579; venture capital firm remains defendant, 691
– Surgical cutting/stapling device maker not liable for failure to warn when doctor aware of risk (Tex. Ct. App.), 34
– Synthetic stucco products, damage date governs whether insurance policy applies (Tex.), 845
– Telephone used in suicide, breach of implied warranty considered tort claim subject to proportionate responsibility limitations (Tex.), 643
– U-Haul truck ran over man after brake failed, damages awarded (Tex. Cnty. Ct. at Law), 442
– Vioxx

– – Blood clot, verdict reversed, evidence legally insufficient (Tex. Ct. App.), 543
– – Punitive award thrown out when preexisting condition not considered (Tex. Ct. App.), 490

– VW Beetle rollover, families allege defects in occupant protection and other systems, NHTSA final rule may preempt some claims (E.D. Tex.), 1025
– Water line rupture, equitable subrogation allows suit by subcontractor (Tex.), 599
– Zyprexa, learned intermediary doctrine bars widow's suit (S.D. Tex.), 186

THIMEROSAL

– Neurological damage claims

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

TIMELINESS

See STATUTES OF LIMITATIONS

TIRES

– Aging and underinflation advisory, consulting firm credits their push for the warning, 557
– Angel Tours N. Tex. crash

– – Imminent hazard operations out-of-service order issued, 812
– – Unreasonably dangerous, plaintiffs sue maker and driver (Tex. Dist. Ct.), 807

– Auction houses, court finds no duty on tire recall notice (Tex.), 333
– Bridgestone/Firestone

– – 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
– – Nylon cap theory disallowed (D.N.M.), 897

– Chinese-made tires, NHTSA closes probe when no similar imports found faulty, 856
– Defect investigations, NHTSA, 856
– Ford Explorer rollover, Mo. family may pursue settlement fraud claim (5th Cir.), 776
– Labeling requirements, Hyundai recalls Sante Fe, 634
– Land Rover alignment defect, class actions rejected (C.D. Cal.), 986
– Motorcycles tire failure, $15M jury award upheld despite not showing exact cause of defect (C.D. Ill.), 574
– Pontiac GTO owners class sues GM for concealing suspension and alignment problems (E.D. Cal.), 956
– Pressure monitoring

– – Public Citizen lacks standing to challenge (D.C. Cir.), 125
– – Wiring issues could lead to engine stalling, GM recalls Sebring and Avenger, 377

– Private life introduced, defense verdict reversed, “unduly prejudicial” evidence cited (Cal. Ct. App.), 774
– Radial Sport tires, Am. Pacific Indus. recalls, air pressure loss risk, 670
– Recall notification, NHTSA launches system, 321
– Registration, NHTSA proposes to allow electronic means, 151
– Replacement snap-in valve systems

– – Defect investigations, NHTSA, 530; 973; 1065
– – Safety advocates warn in wake of defect probe prompted by death, widow filed suit (Fla. Cir. Ct.), 586
– – Tech Intl. recalls, pressure loss risk, 560; correction, 587; recall expanded, 634; original equipment being investigated, 1065

– Rubber Mfr. Ass'n names Cannon president and CEO, 560
– Strength requirements, Goodyear Tire & Rubber recalls, 670
– Tread separation

– – Cooper Tire & Rubber recalls Load E Range tubeless radial tires, 321
– – Fla. jury finds Cooper tire flawed, $1.5M verdict returned (Fla. Cir. Ct.), 313
– – Tex. woman killed, family sues (E.D. Tex.), 91

TOBACCO INDUSTRY

– Asbestos in cigarette filters, defense verdict says not cause of mesothelioma (Tex. Dist. Ct.), 957
– Cigarette lighters

– – Child-resistance standards, federal law preempts design claim (Tex.), 413
– – Voluntary standards, comments sought, 119; CPSC unable to agree on reliance on ASTM standard, comments sought, 174

– Cigarettes

– – Alternative design, plaintiff failed to show, jury award reversed (N.Y. App. Ct.), 392
– – Fire-safe, Okla. governor signs bill setting certification process, 505

– Diagnosis starts clock ticking for later claims (N.D. Cal.), 576
– Future physical harm not sufficient alone to constitute actionable injury (Or.), 441
– Light cigarette marketing

– – Federal labeling law

– – – Me., whether deceptive practice claims preempted (U.S., rev grant), 90; (oral arg set), 959; (oral arg), 983
– – – Minn. fraud claim not preempted (Minn. Ct. App.), 12

– – RICO class decertified due to individual issues (2d Cir.), 367

– Mass tort, federal court has jurisdiction even if later it severs claims (M.D. Fla.), 872
– N.Y., punitive damages disallowed due to state's participation in settlement (N.Y. App. Div.), 711
– Smoker illness claims, findings from predecessor smoking class rejected without enforceable judgment (M.D. Fla.), 843
– Smoking cessation

– – La., reduced award ordered for program (La. Civ. Dist. Ct.), 711
– – Pfizer updates Chantix label to include behavior changes, 118

– Wrongful death claims

– – Loss of consortium claim, whether res judicata applies (Cal.), 547
– – Suit dismissed based on expert testimony (W.D. Mo.), 109

TOOLS

– Air compressors, Campbell Hausfeld recalls, fire hazard, 148
– Cordless screwdriver, Menards recalls, burn hazard, 855
– Rotary hammer, Black & Decker database of claims and lawsuits meets test to admit evidence of no prior accidents (3d Cir.), 1021

TORT REFORM

– Child safety, foreign maker accountability, Analysis and Perspective, 219
– Ga. expert admissibility rules constitutional, exclusion in floor-covering case affirmed (Ga.), 281
– Ohio

– – Statute of repose constitutional but doesn't apply to pre-effective date injury (Ohio), 234
– – Timing determination which claims available in pool chlorine feeder explosion suit (Ohio Ct. App.), 65

– State attorneys general, use of private attorneys deserves scrutiny, reforms needed, 317

TOXIC CHEMICALS

– Date of last exposure rule overruled, suit time-barred (Ala.), 135
– Green chemistry, Cal. effort examines option to protect consumers, 504; Cal. lawmakers pass bill to provide authority to regulate in consumer products, 829
– Norway proposed ban on harmful chemical use in consumer goods, 720
– Outdated federal policies discussed at House panel hearing, 582
– Stand 'N Seal grout sealer MDL, claims to go forward against allegedly toxic ingredient (N.D. Ga.), 644

TOYS AND GAMES

– Animal Tracking Explorer Kits, MindWare recalls, skin and eye irritation risk, 555
– Aqua Dots suits consolidated (N.D. Ill.), 399
– Bisphenol-A

See BISPHENOL-A (BPA)

– Bumbo Baby Sitter, personal jurisdiction found over S. African maker (N.D . Cal.), 548
– Cal. bill seeks ban on bisphenol-A and lead, hearing held, 373; bisphenol-A ban rejected, 809
– Cap sound levels, CPSC seeks comments on ICR requests, 934
– Certification, toy group establishes safety program ahead of proposed bill, 524; ANSI and TIA sign MOU, 854
– China displeased, new law removes some authority on exports to U.S., 865
– Cinderella 12-volt Electric Ride-On Vehicles, Dumar Intl. USA recalls, fire and burn hazard, 192
– EU recalls on rise, Chinese importers worst offenders, 427
– European Comm'n proposes new safety standards, watchdogs not satisfied, 122
– Import safety, Nord outlines plans, 38; CPSC seeks comments on four-pronged safety strategy, 473; comments received, 552; strategy released, 649
– Jewelry lead risk

See LEAD

– Labeling, comments sought on choking hazard warning, 853
– Lead paint

– – Cowboy on a Horse Little Ride, Master Toys & Novelties recalls, 527
– – CPSIA, children's products

– – – Ban, CPSC says to be treated as hazardous substance, 902
– – – Third-party testing labs, CPSC publishes accreditation requirements, 932

– – Data call-in, EPA tells children's products makers to submit health and safety studies, 122
– – Novelty teeth, Funtastic recalls, 374
– – Push toys, Santa's Toy recalls, 404
– – Red wagons, Tricam Indus. recalls, 18
– – Seasonal writing pens, Michaels Stores recalls, 374
– – “Thomas & Friends” railway toys, Ill. consumer class settlement approved (Ill. Cir. Ct.), 86
– – Wooden blocks and train sets, Christmas Tree Shops recalls, 96

– Magnet toy recalls, swallow hazard

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

– Phthalates

See PHTHALATES

– Plush products

– – Cozy Warming Polar Bears, Avon Prods. recalls, burn and fire hazard, 319
– – Rock 'N Ride rocker, Tek Nek Intl. recalls, fall hazard, 319

– Radio-controlled helicopter kits

– – Fun2Fly, Soft Air USA recalls, fire hazard, 175
– – Hobbico recalls, fire hazard, 810
– – Protocol, Ashley Collection recalls, fire hazard, 882

– Recalls, BNA monthly report, Dec., 41; Jan., 154; Feb., 249; April, 479; May, 562; June, 673; July, 764; Aug., 859; Sept., 999
– Tot Tower blocks, eeBoo recalls, choking hazard, 15
– Warnings, proposed rule sets minimum type sizes, 990; CPSC clarifies new requirements, 1060
– Wash. governor signs bill setting standards, 342
– Yo-yo waterballs, N.J. signs ban, 39

TRADE POLICY

See INTERNATIONAL TRADE

TRADE SECRETS

– Drug-eluting stent, discovery sharing request rejected (Fla. Dist. Ct.), 774
– Generic bupropion, information sharing provision of order too broad (D.N.M.), 578
– 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

TRAILERS

– Horse gate latch, expert allowed, feasibility study not needed (N.J. Super. Ct.), 86
– Underride collision fatality, maker need not consider risk to occupants of other vehicles (7th Cir.), 955

TRANSMISSIONS

– BMW class action allowed (D.N.J.), 752
– Defect investigations, NHTSA, 152; 744; 885; 907
– Driveway mishap cause, plaintiff's expert lacked support from factual record (N.J. Super. Ct.), 1055
– Ignition key interlock cable, Mitsubishi recalls Galant, 634
– Park lock function, Mitsubishi recalls Endeavor, 345
– Pickup trucks, new jury instructions in Tex. on “manufacturing defect” and “producing cause” (Tex.), 31
– Rollaway hazard, GM recalls SUVs, 1036
– Volkswagen recalls Audi A8, 858

TRANSPORTATION RECALL ENHANCEMENT, ACCOUNTABILITY, AND DOCUMENTATION ACT (TREAD ACT)

– Child restraints, ease of use ratings, NHTSA unveils star-based rating system, 126
– Early-warning reporting

– NHTSA Outlook 2008, 74
– Tire pressure monitoring, Public Citizen lacks standing to challenge (D.C. Cir.), 125

TRASYLOL

– Marketing suspension, Bayer Pharm. agrees, 187
– MDL, defense seeks consolidation, plaintiffs oppose Conn. as forum (J.P.M.L.), 187; panel consolidates suits (S.D. Fla.), 399
– N.C. woman sues Bayer alleging caused mother's death (D. Minn.), 1026

TRUCKS

– Aftermarket finisher responsible for safety device not Ford (N.J. Super. Ct.), 310
– Circuit breakers, Volvo recalls, 17
– Drive shafts with cracked slip yoke, Ford recalls E-350, 405
– Electric vehicles, NHTSA denies request to increase weight allowance to allow low-speed trucks, 972
– Engine fires, no evidence of defect (Iowa Ct. App.), 110
– Japan, Mitsubishi Motors CEO sentenced for reporting failures, 99
– Jury instructions, new definitions in Tex. on “manufacturing defect” and “producing cause” (Tex.), 31
– Rearview rule, NHTSA withdraws to focus on more comprehensive effort, 723
– Rollovers

See ROLLOVERS

– U-Haul truck ran over man after brake failed, damages awarded (Tex. Cnty. Ct. at Law), 442
– Underride collision fatality, maker need not consider risk to occupants of other vehicles (7th Cir.), 955