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PACKAGING AND LABELING

– Accutane and suicide, failure to warn, summary judgment for manufacturer proper under Wis. law (11th Cir.), 724
– Antiepileptic drugs and suicide, label changes approved, 583
– Bextra and Celebrex, $894M settlement agreement gets preliminary approval (N.D. Cal.), 411
– Chantix and Zyban, boxed warning re mental health problems required, 814
– Children's products, phthalates, Consumer Product Safety Comm'n issues draft product guidelines, solicits comment, 237; guidance published, 313
– Deceptive ads for light cigarettes, state claims may proceed (Mass.), 444
– Drug and medical device manufacturers, Ga. bill would give immunity for FDA compliance, 239
– Effexor, warnings issued after suicide properly excluded (7th Cir.), 234
– Failure to warn

– – Antidepressants, preemption of claims (U.S., vac and rem), 337; finding vacated (3rd Cir.), 559; plaintiff seeks transfer to N.Y. (E.D. Pa.), 1064
– – Aredia and Zometa and osteonecrosis, defense challenge of evidence denied (M.D. Tenn.), 990
– – Asbestos

– – – Mesothelioma, gaskets and packing manufacturers of Navy ship parts lack duty re hazardous products supplied by third parties (Cal. Ct. App.), 309
– – – Navy shipworker exposure, military contractor defense prevents remand (D. Conn.), 893

– – Avandia, cases lacking federal question or fraudulent joinder remanded (E.D. Pa.), 310; case meeting N.M. notice pleading standard remanded, 789
– – Herbicide and crop damage, DuPont and BLM negligent, farmers awarded $17M (D. Idaho), 1013; DuPont to appeal, BLM considers motions, 1040
– – Indoor tanning services and ultraviolet rays, class certification vacated, suits remanded (3d Cir.), 960
– – Minocycline and lupus, state claims not preempted by federal regulations (N.D. Ill.), 445
– – Paxil and suicidal behavior, state claims not preempted (E.D. Wis.), 935
– – Phenergan, improper injections, FDA actions do not preempt claims against drug manufacturers (U.S., judg aff), 307; effects of decision, Analysis & Perspective, 643; scope of limits, Analysis & Perspective, 1051
– – Phosphorous pentasulfide (P2S5), hydrogen sulfide, and encephalopathy, expert evidence insufficient (D. Neb.), 989
– – Prempro and breast cancer, claims not preempted (Tex. Ct. App.), 532
– – Redux diet drug, pre-FDA approval claims preempted (N.D. Ohio), 413
– – Tobacco and health risks, widower suit may proceed, punitive damages barred (S.D.N.Y.), 1103
– – Trileptal and multi-organ sensitivity, manufacturing and design defect claims dismissed under state law (S.D. Ohio), 961
– – Vinyl chloride and angiosarcoma, workplace exposure, failure to warn, sophisticated user and bulk supplier defenses allowed (S.D.W. Va.), 1101
– – Zyprexa, diabetes and weight gain, manufacturer wins summary judgment (E.D.N.Y.), 699; three cases dismissed as time-barred and lacking causation, 788

– Metoclopramide

– – Brand-name manufacturer denied review re liability to patients using generic equivalents (Cal.), 136
– – State failure-to-warn claims survive preemption, claims re brand name drugs dismissed (W.D. Okla.), 413
– – Tardive dyskinesia

– – – Brand-name manufacturers not liable for failure to warn generic equivalent user (W.D. Ark.), 661
– – – Failure to warn, preemption of state claims, interlocutory review denied (D. Vt..), 534
– – – Federal labeling law does not preempt failure-to-warn claims (D. Vt.), 41
– – – Long-term use, manufacturers must add warning label per FDA, 313

– Nanotechnology, risk management considerations for manufacturers, insurers, and counsel, Analysis & Perspective, 326
– Preemption, product liability litigation, Outlook 2009, 120
– Salmon, private party chemical coloring claims not preempted, DOJ amicus brief argues against review (U.S., rev sought), 9
– Tuna

– – Mercury warnings, federal agency actions preempt suit, seafood producer argues (U.S., rev sought), 92; opposing brief filed, 447; (rev den), 531
– – Methyl-mercury, canning companies need not warn consumers of naturally occurring contaminant (Cal. Ct. App.), 370

– Zicam Nasal Gel and anosmia, user who lost sense of smell files claims against Matrixx (E.D. Tex.), 92
– Zyprexa and suicide, summary judgment proper (5th Cir.), 473

PAINTS AND COATINGS

– Lead paint

See LEAD PAINT

PARTICULATES

– Air quality standards

– – Final rule announced, nonmetallic minerals processing limited, 543
– – Fine particulate matter remanded, larger particles upheld (D.C. Cir.), 274
– – Nonattainment for fine particles, designations flawed, parties argue (D.C. Cir.), 484

– Coarse particulate standards compliance, Cal. groups challenge EPA findings in San Joaquin Valley (9th Cir.), 66; EPA actions upheld, 346
– Emissions of particulate matter

– – County nonattainment designations upheld, one remand (D.C. Cir.), 821
– – Hazardous substances from paper plant, class claims dismissed (M.D. Ala.), 1041
– – Kentucky Utils. Co. to reduce and pay $136M under proposed consent decree (E.D. Ky.), 183
– – Lead, chromium, manganese, or nickel compounds, chemical preparation facility standards proposed, 973
– – New source review rule stayed, 678
– – Power plants

– – – $1B pollution controls ordered, TVA plans appeal (W.D.N.C.), 675
– – – Steam generating unit standards, rule remanded (D.C. Cir.), 1109

– – Stationary compression ignition internal combustion engines, EPA agrees to clarify standards in settlement with Am. Petroleum Inst. (D.C. Cir.), 709

– Stationary engines, EPA proposes rule to reduce toxic emissions, 322

PAXIL

– Broken CR pills, GlaxoSmithKline $28M settlement approved (D.P.R.), 337
– Preemption, state failure-to-warn claims (U.S., vac and rem), 337; finding vacated (3rd Cir.), 559; plaintiff seeks transfer to N.Y. (E.D. Pa.), 1064
– Pregnant mother use and birth defects, researchers must provide documents in suit against GlaxoSmithKline (D. Mass.), 1126
– Suicide

– – Failure to warn, state claims not preempted (E.D. Wis.), 935
– – Unadopted stepchildren may not sue for wrongful death (Tex. Ct. App.), 787

PCBs

See POLYCHLORINATED BIPHENYLS (PCBs)

PCE

See PERCHLOROETHYLENE (PCE)

PENALTIES

– Clean Air Act (CAA)

– – Boston bus company to pay $650,000 for idling violations (D. Mass.), 947
– – BP agrees to pay $180M in pollution control and penalties for Texas City, Tex. refinery violations in proposed consent decree (N.D. Ind.), 276
– – Energy companies to pay $7M and install pollution controls (D. Utah), 540; Colorado Interstate Gas to pay $1M fine, 907
– – Mononitrotoluene release, First Chemical to pay civil penalty and improve safety (S.D. Miss.), 1021
– – Nitrogen oxide emissions, CEMEX Cal. Cement to reduce and pay $2M fine in consent decree (C.D. Cal.), 97
– – One-hour ozone standard, nonattainment areas may be forced to fine contributing sources, industry lawyer warns panel, 67
– – Southwire Co. aluminum plant to pay civil penalty for violations (W.D. Ky.), 906

– Clean Water Act (CWA)

– – Acidic and caustic waste dumping, Crown Chem. officers sentenced and fined (N.D. Ill.), 214
– – Metals discharges, Patriot Coal to pay $6.5M and implement preventive measures (S.D.W. Va.), 214
– – Pipeline firm to pay $3.3M penalty in proposed consent decree for Tex. creek fuel spill (S.D. Tex.), 64
– – Wetlands excavation without permit, farmers properly penalized (6th Cir.), 212
– – Zinc effluent discharge, Red Dog Mine, Alaska, Teck Alaska to pay civil penalties, 1110

– Hazardous waste transportation, management firm settles permit violation charges (Mass. Super. Ct.), 590
– Kitchen cabinet manufacturing plant lacking permit to pay Pa. clean air fund $1.3M penalty, 383
– Oil-contaminated waste water discharge, Holy House Shipping to pay $1.4M and serve 3 years probation per plea agreement (D.N.J.), 380
– Oil spills, Unalaska Island, Alaska, IMC Shipping settles state civil claims, 589
– Pollution control law violations, Or. legislature passes bill to increase penalties, 676
– Resource Conservation and Recovery Act (RCRA)

– – Benzene storage and treatment, Jamestown, N.M., Western Refining to pay fine, 1108
– – Riverside County, Cal., solid waste disposal facility on tribal land, $45.1M award against operator upheld (9th Cir.), 1070

– Superfund

– – Algro Knitting Site, consent order did not limit EPA right to seek civil fine (D.N.J.), 704
– – Lawrence Livermore Natl. Lab., Cal., EPA orders Energy Dep't to restart cleanup and pay penalties, 60; cleanup resumes, 482

PENNSYLVANIA

– Asbestos

– – Arbitration clause, insurer for insulation installer may seek enforcement despite prior ruling (3rd Cir.), 844
– – Strict liability framework stands, appeal dismissed (Pa.), 784
– – Workplace exposure, mesothelioma, Navy workers get $14M award (Pa. Ct. C.P.), 560

– CAA, Erie Coke Corp. faces suit re ongoing emissions violations (W.D. Pa.), 1154
– Drycleaning chemicals, owner not entitled to future cleanup cost award under state law (3d Cir.), 637
– Formaldehyde, high gas levels creating unsafe air, suit against plywood supplier and retailer may proceed (M.D. Pa.), 505
– Kitchen cabinet manufacturing plant lacking permit to pay state clean air fund $1.3M penalty, 383
– Metoclopramide, harm from long-term use, removal proper (E.D. Pa.), 560
– Neurontin, class of off-label users decertified after finding some suffered no injury (Pa. Ct. Comm. Pleas), 268; plaintiffs appeal (Pa. Super. Ct.), 751
– Paxil, preemption of state failure-to-warn claims (U.S., vac and rem), 337; finding vacated (3rd Cir.), 559; plaintiff seeks transfer to N.Y. (E.D. Pa.), 1064
– Point Breeze Processing Center, petroleum contamination, Sunoco-ARCO indemnification agreement did not create successor liability (E.D. Pa.), 761
– Power plants, coal-fired, state mercury emissions limits preempted by CAA (Pa. Commonw. Ct.), 183
– Superfund

– – Breslube-Penn oil reprocessing site, 36 companies to pay $15M for cleanup (W.D. Pa.), 672
– – Palmerton Zinc Pile site, responsible parties to pay $12M and give land to state (M.D. Pa.), 941
– – Quehanna nuclear reactor site, Lockheed Martin Co. may intervene in proposed ARCO cleanup consent decree (M.D. Pa.), 1131

– Yasmin, Yaz, and Ocella contraceptives and side effects, Philadelphia misleading advertising suits consolidated (Phila. Ct. C.P.), 1128

PERCHLORATE

– Drinking water contamination

– – Aerojet Superfund site, Sacramento County, Cal. sues for cleanup costs (E.D. Cal.), 819
– – Businesses face suit from city under state superfund law (Cal. Super. Ct.), 512
– – Santa Clara Valley, Cal. recharge costs not recoverable under Superfund (N.D. Cal.), 1018; labor costs recoverable, 1068
– – Sources, DOD offers information, EPA reviews possible regulation, 640; preliminary determination not to regulate reevaluated, 972

– EPA and legislative agenda, Outlook 2009, 124
– San Gabriel Valley, Cal. site, ground water contamination, defendants to pay $21M in cleanup, 1044

PERCHLOROETHYLENE (PCE)

– Drycleaners

– – Emissions limits, EPA seeks remand to review CAA rule (D.C. Cir.), 484
– – Headaches and cough, insufficient causation evidence warranted summary judgment (7th Cir.), 783
– – Settlements, pro tanto payment rejected, credits must be by proportionate share (E.D. Cal.), 208

– Ground water, solvent contamination

– – Cargill granted summary judgment absent proof of polluting acts or knowledge (D. Neb.), 56
– – San Gabriel Valley, Cal. site, defendants to pay $21M in cleanup, 1044
– – V.I. aquifer, natural resources damage suit lacking substantial federal issue dismissed (D.V.I.), 1039

– RCRA, default judgment and sanctions entered against paint manufacturer re discovery sanctions (S.D. Ind.), 757
– Superfund

– – Army to sign federal facilities agreement for Ft. Meade, Md. cleanup, 538; interagency agreement signed, 755
– – Interlee, N.J. site contamination, liability-shifting costs not recoverable (D.N.J.), 994
– – Sewer pipe leakage, city may be liable as owner/operator (E.D. Cal.), 1107

PERFLUOROOCTANOIC ACID (PFOA)

– Drinking water

– – Birth defects and preeclampsia, researchers report findings, 448
– – Medical monitoring claim upheld in suit charging DuPont with contaminating Parkersburg, W. Va. water supply (S.D.W. Va.), 1169
– – Provisional advisories, EPA issues in Ala. counties but finds contaminants below concern level, 93

– Teflon

– – Coated cookware toxicity, plaintiffs voluntarily dismiss suits (S.D. Iowa), 625
– – Contamination, medical monitoring program rejected and class certification denied (D.N.J.), 36
– – Waste disposal, 3M granted summary judgment rejecting personal injury claims for Scotchgard and Teflon manufacturing (Minn. Dist. Ct.), 4; jury finds no property devaluation, 748

– Water contamination, failure to comply with N.J. Environmental Rights Act advance notice requirements not curable (D.N.J.), 512; class certified in remaining suit, 1193

PESTICIDES

– Clean Water Act (CWA)

– – Company and owner plead guilty to illegal discharge and improper waste storage (W.D. Mo.), 182; owner sentenced, 1072
– – Mosquito spraying without NPDES permit, prevailing party entitled to attorney fees (9th Cir.), 878
– – National Pollutant Discharge Elimination System (NPDES) permits, state officials seek stay of ruling vacating exemptions, 456; Senators urge rehearing, 480; EPA seeks 2-year stay (6th Cir.), 510; stay granted, 759; rehearing denied , 946

– Dibromochloropropane (DBCP), occupational exposure and sterility

– – Banana farms

– – – Cent. Am. workers may maintain separate suits to avoid removal under CAFA (C.D. Cal.), 366
– – – Nicaraguan worker cases dismissed for fraud (Cal. Super. Ct.), 557

– – Pineapple and banana farm, W. African workers may maintain separate suits to avoid removal under CAFA (9th Cir.), 441; (U.S., rev den), 1170

– Endocrine Disruptor Screening Program (EDSP), EPA data policies, Analysis & Perspective, 800
– Herbicide and crop damage, DuPont and BLM negligent, farmers awarded $17M (D. Idaho), 1013; DuPont to appeal, BLM considers motions, 1040
– Hotel room exposure causing illness, experts not needed to determine obvious negligence (6th Cir.), 335
– Larvin, manufacturer lacked hazardous waste permit for methomyl residue treater at W. Va. plant, 587
– Organophosphates and acute lymphoblastic lymphoma (ALL), study shows possible link, 992
– Pendimethalin and S-ethyl dipropylcarbamothioate (EPTC), studies find link to pancreatic cancer, 702
– Superfund

– – Army to sign federal facilities agreement for Ft. Meade, Md. cleanup, 538; interagency agreement signed, 755
– – DDT, Palos Verdes Shelf, Cal. site, EPA sets meetings to discuss containment plans, 734; cleanup plan announced, 1175
– – Double H, Wash. site, ground water contamination, owners to clean up and install monitoring wells, 819
– – Landia Chemical, Fla. site, $8.5M settlement approved (M.D. Fla.), 1069

– Toxic Substances and Disease Registry Agency announces toxicological profile updates, 185
– Triclosan, magnetic particle enzyme immunoassay is cheaper, faster test for antimicrobial disinfectant, Agric. Research Serv. says, 59
– Waste disposal, Brazilians sue U.S. companies (S.D. Ind.), 559

PFOA

See PERFLUOROOCTANOIC ACID (PFOA)

PHARMACEUTICALS

– Accutane

See ACCUTANE

– Aldara, claim untimely where notice was given when physician ordered usage stopped (D. Utah), 265
– Antabuse, physician declarations submitted after judge's deadline in medical malpractice suit properly barred (9th Cir.), 475
– Antidepressants, preemption of state false advertising and failure-to-warn claims (U.S., vac and rem), 337; finding vacated (3rd Cir.), 559; plaintiff seeks transfer to N.Y. (E.D. Pa.), 1064
– Antiepileptic drugs and suicide, label changes approved, 583
– Aredia and Zometa and osteonecrosis, defense summary judgment motions and expert witness challenges denied (M.D. Tenn.), 990
– Avandia, failure to warn, cases lacking federal question or fraudulent joinder remanded (E.D. Pa.), 310; case meeting N.M. notice pleading standard remanded, 789
– Bextra and Celebrex, $894M settlement agreement gets preliminary approval (N.D. Cal.), 411
– Celexa and Lexapro, class action may not consolidate with MDL proceeding (E.D. Mo.), 659
– Chantix

– – Neuropsychological injuries, Pfizer sued re safety misrepresentations (D. Minn.), 936; cases consolidated (N.D. Ala.), 1172
– – Zyban, boxed warning re mental health problems required, 814

– Chlordiazepoxide with clidinium bromide (CDP), suit by plaintiff who suffered no harm from recalled drug dismissed (N.D. Cal.), 580
– Contraceptives

– – Yasmin, Yaz, and Ocella and hyperkalemia, failure-to-warn plaintiffs seek consolidation (J.P.M.L.), 900; Philadelphia misleading advertising suits consolidated (Phila. Ct. C.P.), 1128; consolidation granted (S.D. Ill.), 1172
– – Yaz, Cal. false advertising and consumer fraud claims dismissed (E.D. Cal.), 838

– Diet drugs

See DIET DRUGS

– Digitek makers and distributors sued for defective tablets (E.D. Tex.), 535; related MDL master complaint dismissal denied (S.D.W. Va.), 963; related Tex. state cases consolidated (Tex.), 964
– Duragesic patch, wrongful death, negligence and punitive damages claims proceed under Utah law (D. Utah), 965
– Effexor, warnings issued after suicide properly excluded (7th Cir.), 234
– Elidel and cancer, punitive damages claim insufficient for federal jurisdiction, suits remanded (D.N.J.), 750
– Expert witnesses, requiring support of unpublished “clinical experience” causation evidence, Analysis & Perspective, 218
– Fosamax and osteonecrosis, defense deposition of Australian expert is plaintiff expense (S.D.N.Y.), 370; mistrial declared in first case to go to trial, 1102; expert testimony allowed in 24 remaining cases, 1104
– Generic drugs

See GENERIC DRUGS

– Glycerin, diethylene glycol-tainted fever medicine, Haitians may not sue Dutch distributor in Fla. (Fla. Dist. Ct.), 871
– Heparin and thrombocytemia (HIT syndrome), suit remanded (S.D. Ala.), 312
– HRT

See HORMONE REPLACEMENT THERAPY (HRT)

– Ketek, fraudulent concealment of danger, nonparties may not be deposed during class certification proceedings (E.D.N.Y.), 581
– Levaquin, user files suit re failure to warn of risk of tendon rupture (D. Minn.), 1148
– Manufacturers, Ga. bill would give immunity for FDA compliance, 239
– Neosynephrine, untimely claim against manufacturer barred by notice of potential addiction to user (N.D. Ill.), 203
– Neurontin

– – Class of off-label users decertified after finding some suffered no injury (Pa. Ct. Comm. Pleas), 268; plaintiffs appeal (Pa. Super. Ct.), 751
– – Suicidal behavior, general causation evidence allowed (D. Mass.), 603; class certification denied, 626; related case dropped by plaintiff, 938

– Nexium, preemption of state false advertising claims (U.S., vac and rem), 337; suit remanded (3d Cir.), 603
– NuvaRing case, defense-physician contact barred, plaintiff-physician contact limited (E.D. Mo.), 474
– Outlook 2009, 120
– Pain pump loaded with anesthetics causing deterioration in patient's shoulder, charges against drug firms dismissed (D. Colo.), 1196
– Pancreatin manufacture and isopropyl alcohol emissions, Am. Lab. to pay fine and install controls (D. Neb.), 760
– Paxil

See PAXIL

– Phenazopyridine, pro se's allergic reaction not actionable absent breach of duty by pharmacy or defect in product (W.D. Ky.), 90
– Phenergan, improper injections, FDA actions do not preempt failure-to-warn claims against drug manufacturers (U.S., judg aff), 307; effects of decision, Analysis & Perspective, 643; scope of limits, Analysis & Perspective, 1051
– Phenols, Toxic Substances and Disease Registry Agency announces toxicological profile updates, 185
– Product liability suits, Mich. law protecting drug manufacturers repealed, 477
– Reglan

See REGLAN

– Remicade

– – Health care defendants severed and remanded to state court (N.D. Ohio), 813
– – Pulmonary fibrosis, physician testimony relied on studies not meeting Daubert standard (11th Cir.), 235

– ReNu ML and non-Fusarium keratitis eye infections, expert testimony excluded (N.Y. Sup. Ct.), 874; related federal cases exclude evidence (D.S.C.), 1062
– Sentinel Initiative, Senators request continuous updates on FDA drug safety surveillance system, 59
– Seroquel and diabetes, physician testimony lacks Daubert reliability to establish medical causation (M.D. Fla.), 176; hearing set on disclosure of sealed documents, 266; released documents show weight gain studies, 338; foreign regulatory actions inadmissible, 371
– Trasylol, fraudulent misjoinder rejected, suit remanded (S.D. Ill.), 1197
– Trileptal and multi-organ sensitivity, manufacturing and design defect claims dismissed under state law (S.D. Ohio), 961
– Trovan clinical trials and meningitis, Pfizer to pay Nigeria and study participants $75M, 938
– Universal waste rule, industry seeks EPA clarification on proposal to include pharmaceutical waste, 351
– Vaccines

See VACCINES

– Veterinary medication, wrongful death of pet cats, owner loss not covered (Vt.), 626
– Viagra and non-arteritic anterior ischemic optic neuropathy (NAION), expert evidence excluded (D. Minn.), 1016
– Vytorin, Merck and Schering-Plough to pay $5.4M for delayed release of clinical trial results (Tex. Dist. Ct.), 897; manufacturers to pay consumers and insurers $41.5M in related case (D.N.J.), 962; manufacturers move to dismiss Tex. claims (E.D. Tex.), 1127
– Waste disposal, Brazilians sue U.S. companies (S.D. Ind.), 559
– Zicam Nasal Gel and anosmia, user who lost sense of smell files claims against Matrixx (E.D. Tex.), 92
– Zyprexa

See ZYPREXA

PHTHALATES

– Children's products

– – Existing stock may not be sold, CPSC safety standard opinion overruled (S.D.N.Y.), 236
– – Manufacturers, crafters, sellers, and resellers, CPSC revises and clarifies product guidance, 237; manufacturers predict job loss and bankruptcies, 238
– – Testing methods, ASTM committee to discuss product compliance determination for manufacturers, 417

– Consumer Product Safety Improvement Act (CPSIA)

– – Children's products, regulation difficult for CPSC and industry, Analysis & Perspective, 977
– – Congress seeks accounting for implementation problems, 340

– Draft product guidelines, CPSC solicits comment, 237; guidance published, 313; public meeting and comment deadline set, 339; companies comment at meeting, 373; final rule and exemption procedure issued, 374
– Toys and games, toxic substance ban and test disclosure law likely valid but may be subject to preemption, Tenn. attorney general says, 206

PLASTICS

– BPA

See BISPHENOL-A (BPA)

POLLUTION EXCLUSION CLAUSES

– Argon gas, workplace exposure, insurer not obligated to defend (N.D. Tex.), 708
– Arsenic and barium exposure and cancer, notice requirement in buy back clause properly upheld (Cal. Ct. App.), 820
– Benzene

– – Hydrofluoric acid and hydrocarbons, operations buyback agreements, only general provisions required insurer to defend action arising during coverage (Tex. Ct. App.), 200
– – Workplace exposure to aircraft fuel, insurer must defend (Ohio Ct. App.), 729

– Carbon monoxide

– – Furnace emissions, insurer not obligated to defend (5th Cir.), 565
– – Poorly-maintained gas boiler system, insurer has no duty to defend plumbing and heating firm (Neb.), 1152

– Consequential damages, coverage may be barred (5th Cir.), 1175
– Drain cleaner, noxious fumes and bleeding, duty to indemnify certified to Haw. (9th Cir.), 876
– Hexavalent chromium dumping, insurer has no duty to defend (Cal. Ct. App.), 845
– Lead, mercury, and arsenic ash contamination, clause applies to school board property (M.D. Fla.), 969
– Mold

– – Building owner commercial insurance policy bars coverage (W.D. Mo.), 481
– – Condominium management over-watering is not discharge of pollutants (Cal. Ct. App.), 199
– – Efficient proximate cause analysis not proper under Fla. law (11th Cir.), 609

– Nanotechnology and synthetic biology, insurance coverage, Analysis & Perspective, 570
– Petroleum-based contaminated slush puppie beverages sold by filling station, insurer claims no duty to defend (M.D. Fla.), 990
– Solid waste dumping for fill material, Tex. law bars coverage (N.D. Tex.), 1132
– Viral contaminants and harmful microbes in swimming pool, coverage barred under Fla. law (S.D. Fla.), 1015

POLYCHLORINATED BIPHENYLS (PCBs)

– Chemical plant release, economic harm to property, homeowners' joinder of plant manager is fact issue warranting remand to state court (N.D. Fla.), 304
– Drinking water, Hudson River removal, GE to pay for alternative water supply and dredge waste per consent decree (N.D.N.Y.), 145; municipalities seek to halt dredging pending alternative drinking water supply, 317; dredging begins, 635
– Superfund

– – Cost recovery

– – – Golf course contamination, expert causation testimony unreliable, suit dismissed (D. Conn.), 816
– – – Unpreserved soil sample evidence barred (D. Conn.), 670

– – Kalamazoo River, Mich. site, Georgia-Pacific to spend $10M on cleanup, 729
– – McGuire Air Force Base, N.J., federal facility cleanup agreement signed, 1131
– – National Priorities List, Griffiss Air Force Base, N.Y. removed, 483
– – Navy ship sale, U.S. has no arranger liability (D. Md.), 607
– – Palos Verdes Shelf, Cal. site, EPA sets meetings to discuss containment plans, 734; cleanup plan announced, 1175
– – Settlements, Lower Fox River and Green Bay, Wis. site, 11 companies to pay $1.9M cleanup cost (E.D. Wis.), 876
– – Solvent Savers, N.Y. site, defendants agree to pay $14.8M in proposed consent decree (N.D.N.Y.), 271

PORTUGAL

– Oil spill, Intl. Convention on Civil Liab. does not divest federal court of jurisdiction (2d Cir.), 721

POWER PLANTS

– Clean Air Act (CAA)

– – Emissions standards, steam generating units, rule remanded (D.C. Cir.), 1109
– – Greenhouse emissions reporting, comment sought re proposed rule, 514; focus on emissions greater than 25,000 tons planned, 639; final rule released, 1155
– – Particulate matter emissions

– – – New source review rule stayed, 678
– – – $1B pollution controls ordered, TVA plans appeal (W.D.N.C.), 675

– – Prevention of significant deterioration (PSD) permit, TVA Bull Run power plant modifications, summary judgment denied (E.D. Tenn.), 509

– Coal-fired

See COAL

PRACTICE TIPS

– Proposed rules, crafting useful comments, 593

PREEMPTION

– Accutane and inflammatory bowel disease, defense evidence improperly restricted, $2.6M verdict vacated, new trial ordered (N.J. Super. Ct. App. Div.), 368
– Air pollution, locomotives, Conrail excessive emissions from idling, federal law prevents suit (D.N.J.), 99
– Anhydrous ammonia spill, anti-preemption amendment to Federal Railroad Safety Act, railroads challenge (U.S., rev den), In Brief, 632
– Antidepressants, state failure-to-warn and false advertising claims (U.S., vac and rem), 337; finding vacated (3rd Cir.), 559; plaintiff seeks transfer to N.Y. (E.D. Pa.), 1064
– CAA, state mercury emissions limits not applicable to coal-fired power plants (Pa. Commonw. Ct.), 183
– Cal. port clean-trucks program likely unconstitutional, remanded for injunction (9th Cir.), 422; preliminary injunction granted (C.D. Cal), In Brief, 590
– Chemical weapons destruction at Army facility, federal law preempts state effort to impose deadline (D. Colo.), 1154
– Deceptive ads for light cigarettes, state claims may proceed (Mass.), 444
– Diphtheria-pertussis-tetanus vaccine, Vaccine Act preempts design defect claim against manufacturer (3d Cir.), 471
– FIFRA, herbicide and crop damage, state claims re DuPont and BLM not preempted, farmers awarded $17M (D. Idaho), 1013; DuPont to appeal, BLM considers motions, 1040
– Formaldehyde exposure in FEMA trailers, federal housing laws preempt state tort claims in multidistrict suit (E.D. La.), 657; trailer not unreasonably dangerous product, jury finds, 1192
– Generic drugs

See GENERIC DRUGS

– Hazardous waste transportation, DOT seeks comment on preemption of state tort claims when federal hazmat standards met, 179
– Medical devices, speakers argue merits of state tort actions and agency regulation, 478
– Metoclopramide

See GENERIC DRUGS

– Nexium, preemption of state false advertising claims (U.S., vac and rem), 337; suit remanded (3d Cir.), 603
– Non road construction equipment emissions, American Rd. and Transp. Builders Ass'n (ARTBA) sues EPA for failure to enforce (D.C. Cir.), 564
– Outlook 2009, 70; 120
– Paxil and suicidal behavior, state failure-to-warn claims not preempted (E.D. Wis.), 935
– Phenergan, improper injections, FDA actions do not preempt failure-to-warn claims against drug manufacturers (U.S., judg aff), 307; effects of decision, Analysis & Perspective, 643; scope of limits, Analysis & Perspective, 1051
– Prempro and breast cancer, failure-to-warn claims not preempted (Tex. Ct. App.), 532
– Radioactive transuranic waste, state may regulate Energy Dep't WIPP-designated waste at Hanford, Wash. site under RCRA (9th Cir.), 379; stimulus funds to help with cleanup, 486; tri-party agreement and consent decree proposed, 971
– Salmon, private party chemical coloring claims not barred, DOJ amicus brief argues against review (U.S., rev sought), 9
– State regulations, presidential memo restrains agency exercise, 662; experts discuss policy shift, Special Report, 851
– Superfund

– – Mercury contamination, Sunoco seeks clarification of effect on state statutes of repose (U.S., rev sought), 344; (rev den), 754
– – World War II chemical weapons test site, pre-enforcement review bar blocks landowner suit against DOD for cleanup (U.S., rev den), 450

– Thimerosal-containing vaccines, neurological damage, design defect claims not preempted by Vaccine Act (U.S., rev sought), 660; Solicitor General view sought, 698
– Tobacco and health risks, widower suit may proceed, punitive damages barred (S.D.N.Y.), 1103
– Toys and games, toxic substance ban and test disclosure law likely valid but may be subject to preemption, Tenn. attorney general says, 206
– Tuna, mercury warnings, federal agency actions preempt suit, seafood producer argues (U.S., rev sought), 92; opposing brief filed, 447; rev den, 531

PREGNANCY AND CHILDBIRTH

– Accutane and birth defects, Roche discontinues manufacture and distribution, 814
– Benzene and acute lymphoblastic leukemia, landfill leaching, verdict against city overturned (Tex.), 578
– BPA, Mass. warns pregnant or breastfeeding mothers to avoid, 992
– Contraceptives

– – Yasmin, Yaz, and Ocella and hyperkalemia, failure-to-warn plaintiffs seek consolidation (J.P.M.L.), 900; Philadelphia misleading advertising suits consolidated (Phila. Ct. C.P.), 1128; consolidation granted (S.D. Ill.), 1172
– – Yaz, state false advertising and consumer fraud claims dismissed (E.D. Cal.), 838

– Dibromochloropropane (DBCP), occupational exposure and sterility

– – Banana farms

– – – Cent. Am. workers may maintain separate suits to avoid removal under CAFA (C.D. Cal.), 366
– – – Nicaraguan worker cases dismissed for fraud (Cal. Super. Ct.), 557

– – Pineapple and banana farm, W. African workers may maintain separate suits to avoid removal under CAFA (9th Cir.), 441; (U.S., rev den), 1170

– Paxil and birth defects, researchers must provide documents in suit against GlaxoSmithKline (D. Mass.), 1126
– Pesticides, waste disposal, Brazilians sue U.S. companies (S.D. Ind.), 559
– Trichloroethylene (TCE) and congenital heart defect, military family alleges dumping not discretionary act immune under FTCA (U.S., rev sought), 174; (rev den), 698; exposure information limited, report says, 727

PRESCRIPTION DRUGS

See PHARMACEUTICALS

PRIVILEGED COMMUNICATIONS

– Acathamoeba keratitis and contact lens solution, manufacturer root cause analysis documents protected as work product and by attorney-client privilege (E.D. Tex.), 372
– Diet drugs, expert witness previously retained by defendant may not testify for plaintiff (E.D. Pa.), 839

PROCEDURE

– Class actions

See CLASS ACTIONS

– Damages

See DAMAGES

– Evidence

See EVIDENCE

– Expert witnesses

See EXPERT WITNESSES

– Limitations periods

See STATUTES OF LIMITATIONS

– Pleadings, easing of plaintiff standards

See LEGISLATION, FEDERAL, S 1504

– Preemption

See PREEMPTION

PRODUCT SAFETY AND LIABILITY

See also specific products
– In general

– – BPA

See BISPHENOL-A (BPA)

– – Cookie dough, E. coli, consumers sue Nestle (Cal. Super. Ct., D. Colo.), 790
– – Diacetyl and popcorn lung, jury awards $7.5M compensatory damages to American Pop Corn worker and wife (N.D. Iowa), 367
– – Diet drugs

See DIET DRUGS

– – Drugs

See PHARMACEUTICALS
– – – Generic drugs

See GENERIC DRUGS

– – Grout sealant, Flexipel and respiratory problems, distributor liability (N.D. Ga.), 872
– – Lead paint

See LEAD PAINT

– – Medical devices, preemption, speakers argue merits of state tort actions and agency regulation, 478
– – Metoclopramide

See METOCLOPRAMIDE

– – Outlook 2009, 120
– – Pesticides

See PESTICIDES

– – Pharmaceuticals

See PHARMACEUTICALS
– – – Generic drugs

See GENERIC DRUGS

– – Tobacco

See TOBACCO INDUSTRY

– – Tort reform, Okla. governor signs bill, 663
– – Tuna and methyl-mercury, canning companies need not warn consumers of naturally occurring contaminant (Cal. Ct. App.), 370
– – Vaccines

See VACCINES

– Asbestos

– – Mesothelioma

– – – Boiler repairs, Navy ship worker, inconsistent verdict warrants new trial (Cal. Ct. App.), 1100
– – – Brake lining worker, seller not strictly liable, negligence claims may proceed (Wis. Ct. App.), 600
– – – Gaskets and packing manufacturers of Navy ship parts have no duty to warn of hazardous products supplied by third parties (Cal. Ct. App.), 309
– – – Navy machinist awarded $2.9M (Cal. Super. Ct.), 622
– – – Navy workers get $14M award (Pa. Ct. C.P.), 560
– – – Valve manufacturers for Navy vessels settle for $3.2M (Cal. Super. Ct.), 303

– – Navy shipworker exposure, military contractor defense prevents remand (D. Conn.), 893
– – Shipworker and insulation, engine manufacturer need not warn re third party product (Wash. Ct. App.), 870
– – Strict liability framework stands, appeal dismissed (Pa.), 784
– – Workplace exposure

– – – Civilian boiler worker on Navy ship, $2.66M award upheld, punitive damages proper (Cal. Ct. App.), 1101
– – – Expansion and limits of liability, Analysis & Perspective, 1136

– Chemicals

– – Draw compounds, sophisticated user status bars most GM worker claims against supplier, negligence claims may proceed (Mich. App. Ct.), 264
– – Significant new use rules (SNURs), EPA issues direct final rule on intermediates, 1128

– Children's products

– – Draft guidelines, CPSC solicits comment, 237; guidance published, 313; public meeting and comment deadline set, 339; companies comment at meeting, 373; final rule and exemption procedure issued, 374; final rule approved with testing exemptions, 1017
– – Lead and phthalates, manufacturers, crafters, sellers, and resellers, CPSC revises and clarifies guidance, 237; manufacturers predict job loss and bankruptcies, 238
– – Phthalates

– – – Existing stock may not be sold, CPSC safety standard opinion overruled (S.D.N.Y.), 236
– – – Testing methods, ASTM committee to discuss product compliance determination for manufacturers, 417

– – Toy fingerprint kits and asbestos, class settlement proposed (Cal. Super. Ct.), 814

– Consumer Product Safety Improvement Act (CPSIA)

– – Heightened standards and increased enforcement power mark first anniversary, 1160
– – Implementation problems, Congress seeks accounting, 340
– – Mandatory recall notices, CPSC publishes proposed rule setting requirements, 417
– – Phthalates in children's products, regulation difficult for CPSC and industry, Analysis & Perspective, 977
– – Scope, notification requirements, penalties, and safe harbor, Analysis & Perspective, 20
– – Secondhand goods and children's products, small business impact, CPSC seeks more discretion, 416

– E. coli and hemolytic uremic syndrome

– – Beef recall, mother of ill teenager sues JBS Swift (D. Colo.), 840
– – Spinach contamination, consumer sues producers, retailer, and related firms (Wis. Cir. Ct.), 1063

– Expert witnesses

– – Phosphorous pentasulfide (P2S5), hydrogen sulfide, and encephalopathy, evidence insufficient (D. Neb.), 989
– – Unpublished “clinical experience” causation evidence, requiring support, Analysis & Perspective, 218

– Formaldehyde exposure

– – Child bathing products, suit alleges carcinogenic (D.N.J.), 662
– – FEMA trailers, certification denied, multidistrict suit on disparate issues will proceed as mass joinder (E.D. La.), 4; trial set, 502; state tort claims preempted, 657; trailer not unreasonably dangerous product, jury finds, 1192
– – High gas levels creating unsafe air, suit against plywood supplier and retailer may proceed (M.D. Pa.), 505
– – Inhalation, claim must meet state Wrongful Death Act time limitation (Ind.), 6

– International developments

– – Drywall, homeowners and builders allege Chinese-manufactured product releases toxins (M.D. Fla.), 201; sulfur and other chemicals found, Nelson (D-Fla) and investigators sickened after visiting homes, 665; MDL panel consolidates suits, 725; CPSC issues status report, 840; experts discuss policy shift, Special Report, 851
– – Flame retardants, pentabromodiphenyl ether (pentaBDE), OECD advises member states to review safety, 205
– – Foreign manufacturers, limited liability for defective products harms U.S. consumers, Analysis & Perspective, 153

– Lead

– – CPSC proposes limit exemptions for children's electronic devices based on EU Rules, 139
– – Handbags and wallets, Cal, environmental group threatens suit against retailers, 513

– Nanotechnology

– – Emerging technology, perception of risk will spawn litigation before actual harm is known, Analysis & Perspective, 73
– – High aspect ratio nanoparticles (HARN), studies show carbon nanotube effect similar to asbestos, 140; significant new use rules (SNURs) require case-by-case review, 881
– – Manufacturers urged to track scientific literature, practice workplace safety, prepare for lawsuits, 205
– – Nanomaterials, workplace exposure, OECD report analyzes measurement and mitigation, 629; risk assessment workshop held, 1129
– – Risk management considerations for manufacturers, insurers, and counsel, Analysis & Perspective, 326

– Peanut butter, salmonella contamination, Peanut Corporation of America

– – Company files Chapter 7 bankruptcy, 269
– – Insurer seeks declaratory judgment on policy violations and duty to indemnify (W.D. Va.), 233
– – Parents of ill child sue (M.D. Ga.), 138; punitive damages sought, 178
– – Son may seek punitive damages for death of mother (D. Minn.), 202

– Procedure

– – Blood factor concentrate, Taiwanese hemophiliacs alleging contaminated products may keep case in Cal. for time-bar determination (N.D. Ill.), 137; suit barred, 504; contract claims dismissed, 937
– – Chlordiazepoxide with clidinium bromide (CDP), suit by plaintiff who suffered no harm from recalled drug dismissed (N.D. Cal.), 580
– – Contact lens solution and acathamoeba keratitis, manufacturer root cause analysis documents protected as work product and by attorney-client privilege (E.D. Tex.), 372
– – Dental cream with zinc causing copper deficiency and neurological injuries, MDL panel consolidates suits, 725
– – Ferox and bladder cancer, workplace exposure, expert testimony unreliable, dismissal proper (5th Cir.), 579
– – Fluoropolymers in grout sealer, CPSA does not create private cause of action re failure to report hazards, summary judgment for manufacturers and sellers (N.D. Ga.), 724
– – Indoor tanning services and ultraviolet rays, class certification vacated, failure-to-warn suits remanded (3d Cir.), 960
– – Motor vehicles, carbon monoxide poisoning, risk in van parked outdoors with improperly installed exhaust system not obvious, summary judgment reversed (11th Cir.), 264
– – NuvaRing case, defense-physician contact barred, plaintiff-physician contact limited (E.D. Mo.), 474
– – Propyl bromide and neurological disorders, intentional workplace exposure, $7.48M verdict upheld (Miss.), 1098
– – Vinyl chloride and angiosarcoma, workplace exposure, failure to warn, sophisticated user and bulk supplier defenses allowed (S.D.W. Va.), 1101
– – Volatile organic compounds, refrigerator water filters, product liability claims proceed under Conn. law (D.N.J.), 873

PUERTO RICO

– RCRA, petroleum contamination, Esso entitled to trial on liability, injunction reversed in part (1st Cir.), 756

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