Product Safety & Liability Reporter: Current Reports Index-Summary

TAIWAN

– Blood contamination, Taiwanese hemophiliacs may proceed with Cal. claims (N.D. Ill.), 104; claim barred by Cal. and Taiwanese statutes of limitation (N.D. Ill.), 448

TEFLON

– Cookware, multidistrict toxicity claims voluntarily dismissed (S.D. Iowa), 600

TELECOMMUNICATIONS

– Cell phones, CPSC recall, May, 675

TELEVISIONS

– Display defects, nationwide class of HDTV owners file amended complaint, defects in optical block cause haze, blobs, spots, and stains (S.D. Cal.), 940
– Explosion and fire, affidavit and incident report support claims for design or manufacturing defects (S.D. Ohio), 1070
– Wall mounts that can crack, CPSC announces recall, 141

TENNESSEE

– Breast implant strict liability claim for device implanted before approval preempted (M.D. Tenn.), 331
– Economic loss doctrine, no exception recognized when only defective engine destroyed in sudden bus fire (Tenn.), 930
– Toys containing toxic substances, state ban unlikely to violate U.S. Constitution, state attorney general says, 167

TESTING

– Child restraints, seat choice list, automaker request to change amendment from annual to 3-year cycle denied, 543
– CPSC announces plans for modern test facilities, 581; accreditation mandate for labs testing for lead in child products approved, 1115
– CPSIA requirements

See CONSUMER PRODUCT SAFETY IMPROVEMENT ACT (CPSIA)

– Crashworthiness

– – Silverado, Dodge Ram, Titan pickup trucks earn poor ratings, 197
– – Small cars less safe in frontal crashes with larger cars, IIHS test results, 453
– – Small female crash dummies, NHTSA modifies performance criteria and tests for side-impact crash tests, 723

– Cribs, small manufacturers criticized as too costly, 228
– Gunsmith need not have tested allegedly defective gun for testimony to be reliable (M.D. Fla.), 222
– Ladders

– – Engineer's test that failed to meet Daubert standard properly excluded (E.D. Tenn.), 185
– – Expert witnesses, plaintiff's objection to expert's failure to conduct causation test unfounded (7th Cir.), 249

– Lead limits

See CONSUMER PRODUCT SAFETY IMPROVEMENT ACT (CPSIA)

– Phthalates

See CONSUMER PRODUCT SAFETY IMPROVEMENT ACT (CPSIA); PHTHALATES

– Roof strength, Insurance Inst. unveils stringent new tests, 369
– X-rays, CPS could approve method to use technology to determine exposure, report, 917

TEXAS

– Benzene, leukemia, workplace exposure alleged to have caused, status conference set (Tex. Dist Ct.), 313
– Building and construction, roof sealant, breach of implied warranty claim, judgment as matter of law for defendant reversed (Tex. Ct. App.), 186
– Child booster seats, NTSB applauds state for adopting law requiring, 725
– Cigarettes, fire-safe law takes effect, 40
– Design defect

– – Muscular, Vytorin makers argue man who claimed drug raised risks has no claim, state law does not recognize and no evidence of negligence (E.D. Tex.), 1035
– – Risk-utility factors confirmed commercial trailer not defective as matter of law (Tex.), 660

– Indemnification, firm that bought specialty plumbing part maker has no claim against seller for defective parts under purchase agreement or Tex. law (Tex. App.), 756
– Long-arm statute, aircraft, use of in-state engineering firm meets purposeful availment test for determining application (Tex. Ct. App.), 447
– Unmanifested defects, mere use of bad paint not defect, state law does not recognize warranty claims (10th Cir.), 661
– Welding rod makers, workers claim failure to warn of toxic exposure (E.D. Tex.), 37

TEXTILES

– Cotton, gin operator has no claim against plastic bag maker, should have known of danger of mold in putting wet material in low breathability bags (8th Cir.), 903

TIMELINESS

See STATUTES OF LIMITATIONS

TIRES

– Bridgestone/Firestone, FR380 tires recalled, 748; 892
– Cal. requires auto repair shops to check pressure, 372
– Cooper Tires

– – Compromise verdict, award in claim for death from tire separation upheld, appeal rejected (Fla. Ct. App.), 839
– – Discoverer, defect leading to tread separation alleged (W.D. Ark.), 538
– – Wildcat LT All Terrain tire, maker must produce documents concerning all tires substantially similar to the one that caused rollover (10th Cir.), 691

– Discovery, missed deposition, dismissal with prejudice deemed too severe (Tex. Ct. App.), 481
– E.U., states adopt rule consolidating laws on type approval, will introduce rules on tires, tire pressure monitoring, and electronic stability control, 724
– Ford Explorer rollover, expert witness testimony excluded for failure to timely disclose basis for opinion (11th Cir.), 334
– Forum non conveniens

– – Accident in Mexico in vehicle purchased in Ill. by Ill. residents, Ill. deemed proper forum (S.D. Tex.), 358
– – Argentinean class action sent back to Argentina (7th Cir.), 570
– – Mexico, MDL court improperly denied effort to try claims of Mexican citizens in Mexico unless sufficient showing of unavailability (5th Cir.), 933

– Fuel efficiency, NHTSA proposes new program providing ratings to consumers at point of sale, 699
– Goodyear Turkey, foreign firms have enough business contacts in state to warrant state court claims for product liability (N.C. Ct. App.), 911
– Kumho Tire USA, Mohave tires recalled, 748; 892
– Long Chih trailers, labeling and rim selection, 772
– Michelin N. Am.

– – Manufacturing defect, jury awards $11.7M for fatal head-on collision, driver not negligent for tire separation (Tex. Dist. Ct.), 1002
– – Wrongful death, no speculation in concluding that claim has more than $75K at stake for removal to federal court (M.D. Ala.), 860

– Motorcoach safety standards upgrade

See LEGISLATION, FEDERAL, S 554

– Omni Tires, NHTSA upgrades investigation into sidewall bulges, 822
– Premature wear claims, settlement approved (D.N.J., E.D. Pa,), 311
– Retreaded, use is threat to public safety, GAO says, 870
– Toyota Tundra, corrosion problem affecting spare tire retention and lead to brake failures, NHTSA opens probe, 1075

TNF BLOCKERS

– Remicade

– – Causation of pulmonary fibrosis, expert proof not complying with Daubert properly excluded (11th Cir.), 218
– – Diversity, health care defendants not indispensable to claims against drug makers, claims severed and remanded to state court but jurisdiction over product liability suit retained (N.D. Ohio), 740

– Remicade, Simponi, Enbrel, Humira, and Cimzia, FDA requiring stronger warnings about increased risk of cancer in children and teens, 866

TOBACCO

– Cigarettes

See CIGARETTES

TOOLS

– Circular saws, laceration hazard prompts recall, 72
– Knife sheaths, recalls, monthly report, BNA, May, 675
– Pressure washers and air compressors, devils, CPSC recalls, 1074
– Stanley stud sensors, Stanley Works, shock hazard, 413
– Torch fuel containers, Lamplight Farms, melting risk, recall, 1058
– Vertical turning lathe, insurers may pursue reimbursement claim where device broke free despite only damaging itself (Ky. Ct. App.), 786

TORT REFORM

– Ariz., joint and several liability in strict liability cases, Analysis & Perspective, 336
– Ark., no-fault provision of tort reform act unconstitutional (Ark.), 530
– Drug safety, reversal of Supreme Court ruling that federal law preempts state law tort claims against manufacturers of defective products

See LEGISLATION, FEDERAL, HR 1346, S 540

– Medical devices, state litigation serves important deterrence value, preemption seen as hindrance, 365
– Or., bill increasing damage limits against public entities signed, 449
– Preemption, Bush administration policies, trial lawyers seek reversal under Obama, 67; stay lets Obama repudiate preemption of state law claims, 113

TORTS

– Defective product, insurers may pursue reimbursement claim where device used to shape metal blocks broke free despite only damaging itself (Ky. Ct. App.), 786
– Economic loss rule, dairies have claim if they can show damage to cows, not just lower productivity from milking system (Idaho), 952
– FTCA

See FEDERAL TORT CLAIMS ACT

– Limitations period, N.C. bill giving plaintiffs 12 years from date of initial purchase to bring action seeking recovery of damages for personal injury signed, 867
– Medical monitoring, long-time smokers may pursue claims against maker for early lung cancer detection (Mass. Sup. Jud. Ct.), 1102
– Negligence

See NEGLIGENCE

– Personal injury

See PERSONAL INJURY

– Reform

See TORT REFORM

– Strict liability, lead as inherent characteristic of paint pigment cannot be design defect but adopting product liability section of Restatement of torts rejected (Wis.), 780

TOXIC CHEMICALS

See also specific chemicals
– Asbestos

See ASBESTOS

– Benzene, leukemia, workplace exposure alleged to have caused, status conference set (Tex. Dist Ct.), 313
– Beryllium

– – Common law torts, defense contractor lab worker may pursue exposure claim against parts makers where suit timely and employer not sophisticated about exposure (1st Cir.), 955
– – Space center workers failed to show compensable injury due to exposure (5th Cir.), 129
– – Unsafe exposure, class certification inappropriate in suit by Boeing workers where individual issues would overcome common issues (Cal. Ct. App.), 954

– Bisphenol

See BISPHENOL

– Common products, environmental group urges U.S. to reform laws, debuts website to provide consumers with test data, 1013
– EU legislation, 2009 Outlook, 116
– Hexavalent chromium

See HEXAVALENT CHROMIUM

– Hydrogen sulfide, proof that worker exposure caused brain injury insufficient, MSDS warnings sufficient (D. Neb.), 908
– Lead

See LEAD

– Phthalates

See PHTHALATES

– Pool cleaners, expert witnesses, differential diagnosis test adopted, criteria enunciated (6th Cir.), 475
– Propoxur, flea and tick collars, failure to warn of cancer potential claim filed (Cal. Super. Ct.), 501
– PVC, W. Va. law would adopt sophisticated user defense, chemical supplier may argue it had no duty to warn plant worker (S.D. W. Va.), 1004
– Sodium content of food, N.J. customer files class action against Denney's restaurants to require disclosure on menus (N.J. Super. Ct.), 839
– Sulfur, federal and state officials experienced respiratory and other ill effects while investigating possible toxicity of Chinese drywall, 643; judicial panel assigns claims for corrosive gases to judge with extensive experience for pretrial proceedings (E.D. Fla.), 695; health and safety concerns put pressure on CPSC to step up role in investigating and analyzing hazards, 1056
– Toys containing, Tenn. ban on unlikely to violate U.S. Constitution, state attorney general says, 167
– Zinc, judicial panel consolidates claims for denture cream that caused copper deficiency and neurological injuries (S.D. Fla.), 695

TOYS AND GAMES

– Aqua-Leisure, inflatable baby floats, drowning hazard, recall, 892
– BabyBjorn Babysitter Balance and BalanceAir bouncer chairs, laceration hazard, recall, 892
– Basketball, CPSC recall, Am. Greetings model SPBL 1821, 794
– CPSIA testing and certification requirements

See CONSUMER PRODUCT SAFETY IMPROVEMENT ACT (CPSIA)

– European Union, limits on use of metals, fragrances, and noises, European Parliament sets new rules, 14
– Evenflo Switch-A-Roo telephone toys, CPSC recalls model 6391911 for choking hazard, 819; 892
– Federal lead paint ban, Mattel and Fisher-Price to pay record civil penalty for CPS-regulated product, 639; Mattel to provide monetary relief in accord for toys recalled for excessive lead, lead paint, or hazardous magnets (C.D. Cal.), 1090
– Fingerprint kits, accord for asbestos exposure announced (Cal. Super. Ct.), 740
– International cooperation, Tenenbaum stresses need for stringent safety standards, 869
– Lead

See CONSUMER PRODUCT SAFETY IMPROVEMENT ACT (CPSIA)

– Lego Power Functions IR remote control, burn hazard, 892
– Magnetic building sets, Mega Brands agrees to pay $1.1M penalty for violation of reporting requirements, 452
– Mandatory safety standards, CPSC Outlook 2009, 78
– My Pal Scout, choking hazard, recall, 892
– Phthalates

See CONSUMER PRODUCT SAFETY IMPROVEMENT ACT (CPSIA)

– Radio control transmitters, Spektrum DX6i recall announced by Horizon Hobby, 395
– React Wii battery 4-dock recharge stations, CPSC recall, 890; recall report, 1021
– Sports and recreational equipment

See SPORTS AND RECREATIONAL EQUIPMENT

– Stuffed bears, State Farm “Good Neighbor Bear” recalled, choking hazard, 346
– TGH Int'l Trading, importer to pay penalty for importing and selling toys with choking and aspiration hazards, 918
– Toxic substances, Tenn. ban on toys unlikely to violate U.S. Constitution, state attorney general says, 167
– Trampolines, CPSC recall, May, 675
– Weight Watchers, plush figures and magnets recalled due to sewing needles that cause puncture hazard, 919; recall report, 1021
– Workshop sets and trucks, Little Tikes agrees to voluntary recalls for choking hazards, 919; recall report, 1021

TRAILERS

– Brakes, external malfunction indicator lamps, NHTSA extends requirement, 293; final rule published, 944
– Design defect, risk-utility factors confirmed commercial trailer not defective as matter of law (Tex.), 660
– Formaldehyde, hurricane victims' state law claims barred by MHA and HUD rules (E.D. La.), 623; reports and statements related to congressional inquiries excluded from evidence, 985; trailers not unreasonably dangerous, no duty to warn of formaldehyde risks (dec), 1047
– Tractor trailer lighting standards, state tort claims not expressly preempted by federal standards (D. Conn.), 387
– TREAD Act, NHTSA amends by raising thresholds for quarterly reporting by light vehicle, medium-heavy vehicle, motorcycle, and trailer makers, 1013

TRANSMISSIONS

– Audi and Volkswagen, NHTSA recall report, 1021
– Daimler Trucks, buses recalled, 115
– Ford Freestar and Mercury Monterey, loss of power, 2004-2005, NHTSA opens investigations, 822
– GM Saturn vehicles with VTi transmissions, design defect class action settlement approved (E.D. Cal.), 479
– Ignition switches

– – Honda Accord, NHTSA upgrades investigation, 72
– – Yamaha motorcycles recalled, 73

– Park lock rollaway hazard, reversal of denial of hearsay leads to reversal of judgment against Ford (6th Cir.), 438
– Volkswagen EOS, GT1, Jetta, and R32, NHTSA investigation, 822

TRANSPORTATION

– Air

See AIR TRANSPORTATION

– Automobiles

See MOTOR VEHICLES

– Buses

See BUSES

– Motorcycles

See MOTORCYCLES

– Safe Highways and Infrastructure Protection Act

See LEGISLATION, FEDERAL, HR 1618, S 779

TRANSPORTATION DEPARTMENT (DOT)

– Appointments and personnel changes

– – Assistant secretary for government affairs, Gresham nominated, 296
– – Secretary, LaHood confirmed by Senate, 114

– Budget, FY 2010, Obama unveils request, 258

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

– Early warning reporting requirements, NHTSA amends by raising thresholds for quarterly reporting by light vehicle, medium-heavy vehicle, motorcycle, and trailer makers, 1013

TRUCKS

– Air bags

See AIR BAGS

– Brake lamp switch failures, GM and Isuzu, NHTSA investigates, 296
– Brakes

See BRAKES

– Bumpers, NHTSA requests comments on whether to amend standard to require compliance by light trucks, 700
– Cargo area, standing in not foreseeable use, breach of warranty claim dismissed (N.Y. App. Div.), 10
– Crashworthiness, Silverado, Dodge Ram, Titan earn poor ratings, 197
– Daimler Trucks, quick release valves, air brake system malfunction, recall, 892
– Fan hub failures, Peterbilt trucks, NHTSA opens investigation, 72
– Front end shimmy, engineering expert's report that proposed class of Ford 250 and 350 consumers may be overbroad may be used in considering class certification (W.D. Pa.), 861; class plaintiffs given another chance to pursue claims, trial court should have allowed pleadings amendments (11th Cir.), 1110
– Front wheel spindles, Ford Motor Co. recalls Ranger pickups, 198
– Fuel tank valve problem, Dodge Durangos recalled, 73
– Headlight switches, Mack Trucks issues recall, 16
– Instrument panel fires, Honda Ridgeline probe announced by NHTSA, 230
– Kenwood trucks, brake failure, recall, 892
– Mack and New Flyer, NHTSA opened investigations to determine cause and brake system factors causing extended stopping distances when braking, 725
– Recalls, monthly report, BNA, Dec., 74; Jan., 199; Feb., 298; March., 428; April, 545; May, 675
– Safe Highways and Infrastructure Protection Act

See LEGISLATION, FEDERAL, HR 1618, S 779

– Steering linkage problem, Dodge Rams recalled, 73; 115
– Steering, tie rod loosening, Freight liner trucks, recall, 1077
– SUVs

See SPORT UTILITY VEHICLES (SUVs)

– Trailers

See TRAILERS

– Volvos, steering systems problem, NHTSA defect investigation upgraded, 114