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Vol. 38, Nos. 1 - 49, pp. 1-1288 Jan. 4 - Dec. 20, 2010 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
ACCELERATOR CONTROL SYSTEMS
Cruise control
See CRUISE CONTROL
Ford
Fusion and Mercury Milan, pedal floor mat entrapment, NHTSA opens investigation, 617
Taurus, sudden unintended acceleration, evidence of similar incidents exclusion (2d Cir.), 327 Pontiac Vibe, pedal functionality, BNA monthly recall report, 171 Toyota vehicles, sudden unintended acceleration
Floor mat and sticking pedal problems, new recall, 77; House committee calls for hearing, 104; sale and production of 8 models temporarily halted, 105; statewide, nationwide, and Canada class actions filed, 114; company president apologizes to consumers, dealers start fixing pedals, 125; recalls expand to EU, China, Russia, Turkey, and Israel, 126; Consumer Reports suspends recommendations, 127; NHTSA investigates statutory duties on learning of defects, 166; congressional hearings upcoming, officials will testify, 166; new quality improvement, new brake override on new vehicles, quality officer job created, 167; dealers making repairs, 168; RAV4, Corolla, Matrix, Avalon, Camry, Highlander, Tundra, Sequoia, BNA monthly recall report, 171; Corolla, Highlander, Venza, and Matrix, BNA monthly recall report, 171; DOT considering making voluntary standard mandatory, complaints mishandled, 192; U.S. company official apologizes, House oversight panel investigating, 193; N.Y. accord facilitates repairs, 194; internal document on savings from floor-mat recall, subpoenas from SEC and grand jury (S.D.N.Y.), 195; 38 incidents of sudden starts, accelerations, and loss of control, Japan, 196; Books of Knowledge, Toyota secret databases of design and testing data, 210; brake override systems, Rockefeller urges aggressive action by maker and NHTSA, 220; recall remedy, House Democrats want more data, question claims that problems not electronic, 221; same services offered nationwide that N.Y. Atty. Gen. brokered, 222; NHTSA defends agency, authority, and resources, House hearing, 249; House panel wants safety memo on shortcuts, refutes expert recreation, NHTSA, investigating Cal. incident, 250; Toyota considering reconfiguring EDR software to record acceleration, 251; investigations mostly inconclusive, more needed to know how incidents occur, 279; Canada considering criminal investigation, failure to notify of safety defect, 280; Mich. attorney general subpoena about recalls and causes, 300; global quality control panel, first meeting in Japan, U.S. and European operations officials, 309; electrical engineers and safety experts, panel says electronic system faults caused, 310; DOT gets NASA engineers to analyze problem, LaHood statement, 337; quality control panel launched, assigns officials to principal regions, details prevention, 338; DOT announces maximum civil penalty for knowingly hiding defect, 363; Toyota will not elaborate on internal e-mail about whether to release details, SMART business process announced, 363; Toyota recalling Lexus ES350, Camry, and Camry Hybrid vehicles to repair floor mats, 367; Toyota accepts $16.3M penalty order but considering rejecting recall cover-up charges, 424; sudden acceleration disputes illustrate how litigation spurs innovation and enforcement, report, 424; House panel asks Toyota and engineers for correspondence and other data before scheduled hearing, 426; Boxer introduces bill closing revolving door relationship with NHTSA staff, influence of former staff to impede enforcement instigated, 450; former DOT official Slater appoints safety and quality experts as advisors, 451; quality control measures taken in response, additional fine possible, 510; Korea recall, BNA monthly recall report, 519; House committee criticizes Toyota investigation efforts, 537; knowingly hiding defect, Toyota pays maximum civil penalty, 539; NHTSA asks scientific panel to help find exact source, 688; quality assurance expansion in U.S. and new vehicle development time extension, 716; DOT mum on ongoing probe, consultant weighs in, 739; Japanese panel review of Toyota quality control efforts, 740; company data fail to show electronic fault or defect, 827; event data recorders, NHTSA initial findings, 847; repairs and remedies, accomplishments update, 1055; electronics not cause, company executive says, 1109
Litigation
Cal. consolidated cases, Los Angeles County Super. Ct. to handle (Cal. Super. Ct.), 592
Camry accident, electronic throttle system allegations (Cal. Super. Ct.), 157 Class actions filed (E.D. Ky.), 156 Dealership sued, class action stayed pending resolution for transfer to federal MDL (S.D. Fla.), 948 Depositions of company executives, personal injury suit (Mich. Ct. App.), 845 Echo accident (C.D. Cal.), 209 Electronic throttle control technology, class action (Ill. Cir. Ct., Cook Cnty.), 157 Lexus, off-duty CHP officer and family killed (Cal. Super. Ct.), 209; settlement, 986 MDL panel to hear motions for consolidation of cases (J.P.M.L.), 210; oral arguments, 299; suits consolidated (C.D. Cal.), 387; temporary counsel appointed, initial case order, 422; attorneys in leadership positions, temporary counsel recommendations, 465; leadership roles, attorneys to be named, 495; leadership roles, attorneys appointed, 534; internal documents, Toyota has 30 days to turn over, 601; dealer service records and experts use, tentative ruling, 656; internal documents allegedly show problems in 2003, 818; Toyota seeks dismissal of suits, 969; economic loss claims assertion, 986; plaintiffs have standing, economic loss claims advance, 1206; personal injury and wrongful death claims may proceed, 1237 Prius accident, electronic throttle system allegations (C.D. Cal.), 157 Refunds for breach of warranty sought, class actions (W.D. Wash., C.D. Cal., D. Ariz., E.D. Tex.), 299 Subrogation suit filed by Allstate Ins. (Cal. Super. Ct.), 1047 Tex. MDL, lead counsel appointed (Tex. Dist. Ct.), 1098 Tort suits for driver deaths filed (S.D.N.Y., C.D. Cal.), 268 Tundra owner, class action (C.D. Cal.), 209
Causation of depression, expert study unreliable, failure to follow own methodology (N.J. Super. Ct.), 142
Inflammatory bowel disease
Prescribing physician given inadequate warning, damages awarded (N.J. Super. Ct.), 158
Quantitative evidence restricted, warning inadequate, damages award overturned (N.J. Super. Ct.), 838
Accutane
See ACCUTANE
Roof panel, Chevrolet Corvette 2005-2007, BNA monthly recall report, 84
See also MARKETING
Deck screws product liability clients, defamation action against attorney (Cal.), 565 Direct misleading advertisement to patient, Remicade, learned intermediate doctrine (Tex. Ct. App.), 234 Enfamil baby formula, nutrients content claims, class certified (S.D. Fla.), 1185 McDonald's campaign misleading, health effects of daily dining, class certification denied (S.D.N.Y.), 1151 Prescription drug side effects, FDA proposes rule augmenting existing requirements, 335 Zero trans fat labeling, Hostess snack foods, class action dismissed (C.D. Cal.), 1164
Damages amount change accepted, appeal of other issues by lift maker (N.Y.), 490
Defective design as cause of accident, all other theories need not be ruled out to proceed (Ill. Cir. Ct.), 600
Limitations period and forum non conveniens, Taiwanese plaintiffs' claims for contaminated blood (7th Cir.), 330
Assembly front passenger side not to proper specifications, Honda Accord Crosstour vehicles, NHTSA Recall #10V-402, 976; BNA monthly recall report, 1083
Child restraints, compliance testing, small volume vehicle makers exclusion from phase-in schedule, 146 Clockspring wiring flaw, Volvo vehicles, NHTSA Recall #10V-489, 1110; BNA monthly recall report, 1198 Deployment failure, Acura ZDX recall, 408; BNA monthly recall report, 519 Disabled persons vehicle modifications, side impact protection test exemption, NHTSA proposed rule, 1030 Fasteners proper torque, affect on deployment trajectory, Nissan Pathfinder, Frontier, and Xterra, NHTSA Recall #10V-115, 378 Front crash sensors crack, water makes inoperative, Chrysler Caravan, Grand Caravan, and Town & Country, NHTSA Recall #10V-008, BNA monthly recall report, 256 Gross negligence, strict liability, and derivative claims, preemption, failure to install side air bags (D. Haw.), 207 Honda Accord, Civic, TL, CR-V, Odyssey, Pilot, and CL, recall to repair driver's air bags, 169; NHTSA Recall #10V-041, BNA monthly recall report, 256 Leg injury risk, front passenger, Cadillac CTS vehicles, NHTSA Recall #10V-414, 1002; BNA monthly recall report, 1083 Wiring problem could cause deployment failure in crash, Nissan recalls Infiniti G35 coupes and sedans, 478; BNA monthly recall report, 641
General Aviation Revitalization Act
Carburetor problems, prior malfunctions not similar enough, admission as evidence (Fla. Dist. Ct. App.), 972
GARA applicability
Crash in Guatamala fatal (S.D. Fla.), 498
Maintenance manual allegedly defective, not part of helicopter, crash injury suit (Cal. Ct. App.), 606 Overhaul manual not part of engine (W.D. Ky.), 760
See HELICOPTERS
Mass tort suit re crash in Cameroon, removal from Ill. state court under MMTJA and remand (7th Cir.), 533
Hip implant, maker recall letter not admission of defective or unreasonably dangerous device (S.D. Ala.), 563; reconsideration of summary judgment order denied, 709
Statutes of repose, asbestos claims begin to run when all elements present, based on when plaintiff could have asserted claim (Ala.), 438 Tip over of Rhino off-road vehicle
Right turn trying to park in barn, arm and leg injuries, Yamaha not liable (Ala. Cir. Ct.), 1147
U-turn into ditch, leg injury, Yamaha not liable (Ala. Cir. Ct.), 861
Children's products, industry groups support CPSIA amendment providing relief for businesses while insuring product safety, 452
Deaths and injuries, CPSC report, 2008, 106 Failure to answer complaint by maker, default judgment affirmed (Tex. Ct. App.), 603 Front suspension ball joint stem separation, Polaris 2009 and 2010 Sportsman, BNA monthly recall report, 84 Steering column support assembly, BNA monthly recall report, 519 Third-party labs compliance testing for children's vehicles, CPSC draft accreditation requirements, 826; approved, members divided on Congress's intent, 848; testing date moved back, 1253 Tip over of Rhino off-road vehicle
Berms struck, head and upper body injuries, Yamaha not liable (Cal. Super. Ct.), 861
Leg injuries, Yamaha not liable (Cal. Super. Ct.), 792 Right turn trying to park in barn, arm and leg injuries, Yamaha not liable (Ala. Cir. Ct.), 1147 U-turn into ditch, leg injury, Yamaha not liable (Ala. Cir. Ct.), 861
Propeller strike, design defect, liability apportioned between maker, operator, and wakeboarder who lost leg (W.D. Tex.), 392
Ciprofloxacin, hospital pharmacy director's affidavit on prescriptions provides fact issue about whether Cipro prescribed, claim filed soon after learning of risks (W.D. La.), 419
Levaquin
See LEVAQUIN
Monensin in animal feed, link to family's health ailments, expert causation testimony (N.M. Ct. App.), 1099 Trovan, clinical trial in Nigeria without proper consent alleged cause of deaths and injuries (U.S., rev den), 687
Depression
See DEPRESSION
See EFFEXOR
See PAXIL
Wellbutrin
See WELLBUTRIN
Neurontin
See NEURONTIN
Baby swimsuits, halter straps neck plastic ring, BNA monthly recall report, 519
Belts for children, lead level in buckles, BNA monthly recall report, 742 Drawstrings
Children's garments not in compliance with ASTM voluntary standard, safety hazards, CPSC proposed rule, 542
Children's hooded jackets, strangulation hazard, BNA monthly recall report, 519; Lollytogs Ltd. distributor, 641; Burlington Coat Factory distributor, 1083 Children's hooded sweatshirts
Burlington Coat Factory, strangulation hazard, BNA monthly recall report, 378; Oct., BNA monthly recall report, 1083
GTM Sportswear, strangulation hazard, recall, 130; BNA monthly recall report, 256 Jason Evans, boys fleece and flannel, strangulation hazard, BNA monthly recall report, 84 New Mode Sportswear, strangulation hazards, recall, 130; BNA monthly recall report, 256 Reporting in untimely manner alleged, Pro-Pac Distributing agrees to pay civil penalty, 950; Winter Bee, 1253 Sunsations, strangulation hazard, BNA monthly recall report, 84 VOS Sports, strangulation hazard, BNA monthly recall report, 1284
See SHOES
Girls' coats with strings on detachable cape, strangulation hazard, BNA monthly recall report, 641 Labs testing flammability of vinyl children's apparel, CPSC accreditation requirements, 714; final rule, 773 Robes and slumber shorts, children's sleepwear flammability standard, BNA monthly recall report, 641 Sleepwear for children, third-party labs flammability testing, CPSC draft accreditation requirements, 1153; final rule, 1224 Therma Scarves, overheat, causing fire and burn hazard, BNA monthly recall report, 378 Third-party labs testing flammability of children's clothing textiles, CPSC draft accreditation requirements, 825; approved, members divided on Congress's intent, 848
Air conditioners/heat pumps, Amana, Comfort-Aire, and Century, burn or fire hazard, BNA monthly recall report, 84
Baby bottle warmers, overheat and burn hazard, recall, 907; BNA monthly recall report, 978 Blenders, Haier Am. commercial style 500 watt, laceration risk, BNA monthly recall report, 84 Chest freezers, fire hazard, Haier voluntary recall, 1157; BNA monthly recall report, 1284 Coffeemakers, GE models 169164 and 169165, burn and fire hazards, Walmart recall, 543; BNA monthly recall report, 641 Compact hair dryer, Babyliss Pro 052 series laceration hazard, recall, 508; BNA monthly recall report, 641 Dishwashers
Condensation in electronics system, fire hazard, recall, 1138; BNA monthly recall report, 1284
Heating element fire hazard, Maytag recall, 616; BNA monthly recall report, 742 Front-loading washing machines
Mold problems, class certified (N.D. Ohio), 730
Wire break fire and shock hazard, BNA monthly recall report, 742 Gas smokers, Char-Broil vertical, faulty hose/valve/regulator, recall, 907; BNA monthly recall report, 978 Hoover bagless upright vacuum cleaners, power cord, BNA monthly recall report, 641 Kenmore clothes dryer, attorneys' fees, benefit to others, decertified class for stained clothes, U.S. court jurisdiction (7th Cir.), 161; near-frivolous copycat class suit denied, 1167; rehearing denied, 1248 Lysol Steam Cleaning Mops, hot water rupture of housing unit, burn and laceration hazards, BNA monthly recall report, 171 Portable dehumidifiers, LG Electronics, short circuit, fire and burn hazard, BNA monthly recall report, 84; LG recall reminder, 850; BNA monthly recall report, 978 Ranges
GE Americana, insurer and homeowner claims, circumstantial proof of manufacturing defect caused fire (M.D. La.), 446
Smoothtop cooktops and slide-in, liquids pool under control knobs, fire hazard, recall, 1138; BNA monthly recall report, 1284 Rice cooker allegedly caused fatal fire, claims against Japanese maker and U.S. affiliates time barred (8th Cir.), 708 Slow cookers, fire hazard, BNA monthly recall report, 978 Thermador built-in double ovens, insulation gaps, fire hazard, BNA monthly recall report, 171
See BUDGET, U.S.
Aerators made of stainless steel fail in saltwater, shrimp farm fraud claims (E.D Ark.), 626
Class actions, waiver, computer sales contracts, Cal. law (9th Cir.), 154
Fact issues created by doctor's testimony, failure to warn claim, jaw osteonecrosis from use (M.D.N.C.), 1100; punitive damages claim, 1150
Failure to warn claim, jaw osteonecrosis from use, verdict for maker (N.J. Super. Ct.), 1070
Durom Cup metal-on-metal hip implant, extreme pain to patients, new filing (D. Ariz.), 793
Hip prosthesis lost after removal, third party spoliation of evidence as separate tort (Ariz.), 494 Medical monitoring, hazardous substances exposure no manifest physical injury, tort claims, BNA Insight, 428
Aerators made of stainless steel fail in saltwater, shrimp farm fraud claims (E.D Ark.), 626
Marketing practices, accord with Zyprexa maker, 189 Metoclopramide, brand name drug makers not liable to woman who only used generic (W.D. Ark.), 729 Premarin breast cancer causal link, expert testimony fails Daubert admissibility test (E.D. Ark., D. Minn.), 946 Prempro, breast cancer risk warning adequate, Wyeth exonerated (E.D. Ark.), 1129
Cattle dip not unreasonably dangerous per se, successor corporation liability (La. Ct. App.), 1149
All sums allocation method re exposure claim, targeted insurer contribution actions against other insurers (Ohio), 678
Bankruptcy
Bondex Intl. and parent file for Chapter 11 protection (Bankr. D. Del.), 633
Johns-Manville, sufficiency of notice of accords for liability, insurer not bound (2d Cir.), 388 Cigarette filters, jury verdict on claims for smoker mesothelioma (Cal. Super. Ct.), 96 Component parts doctrine, asbestos-related diseases affecting former Navy personnel, shipboard valve maker strict liability (Cal. Ct. App.), 464; third party liability (Cal., rev grant), 729 Dissolved corporations
Cal. law allowing suit indefinitely inapplicable to suit for mesothelioma from exposure against dissolved Del. firm (Cal. Ct. App.), 448
Statute of repose, mesothelioma suit, open courts constitutional challenge (Me.), 594 Insulation, consumer expectations test for design defects, oil refinery worker (Cal. Ct. App.), 916 Insurance, recovery for exposure, noncumulation provisions permit recovery for defense costs, BNA Insight, 372 Joint compound
Painter with mesothelioma, jury award (Tex. Dist. Ct.), 326
Plumber exposure from drywall crews use, sophisticated purchaser defense (Cal. Ct. App.), 1216 Railroads
FRSA preempts strict liability claim (Pa. Super. Ct.), 42
Locomotive Inspection Act preempts suit (3d Cir.), 965 Settlements, mesothelioma victim, pump maker seeks data about other accords (E.D. Pa.), 47 Shipboard valve and pump makers, liability for other company's products (Cal., rev grant), 23 Short-term occupational exposure, auto parts worker died of mesothelioma, evidence sufficient for jury to decide causation (N.J. Super. Ct. App. Div.), 386 Statutes of repose, Ala. claims begin to run when all elements present, based on when plaintiff could have asserted claim (Ala.), 438 Successor liability
Limit in tort claims, retroactive law applicability to pending suits (Tex.), 1125
S.D., legislation to limit signed, 306 Standing to pursue constitutional challenges, zone of interest test (Pa.), 1246
Alternative litigation financing, professional conduct model rules, issues paper, 1249
Deck screws, ads seeking product liability clients, defamation action (Cal.), 565 Fees
See ATTORNEYS' FEES
Infant formula from Abbott alleged cause of meningitis and brain damage, pro hac vice status (N.C.), 728
Class actions, legal ethics fourth international conference, 767
Lead paint public nuisance abatement suit, contingent fee attorneys subject to restrictions (Cal.), 784; due process rights violation (U.S., amicus brief filed), 1210 Rust, benefit to others, decertified class action for staining by clothes dryer, U.S. court jurisdiction (7th Cir.), 161
Class actions and attorneys' fees, legal ethics fourth international conference, 767
Mandatory product safety reporting requirements, draft guidelines, 926 Vioxx, risk of heart attack, reasonably fit for purpose or of merchantable quality (Aus. Fed. Ct.), 241
See MOTOR VEHICLES
Defect investigations
See INVESTIGATIONS
See specific parts and functions
Accelerator control systems
See AIR BAGS
Axles
See AXLES
See BRAKES
See CHILD RESTRAINTS
See CRUISE CONTROL
See DOOR LATCHES
See ENGINES
Floor mats, Lund aftermarket, Ford F-150 trucks, NHTSA Recall #10E-029, BNA monthly recall report, 886 Fuel pumps
See FUEL PUMPS
See FUEL SYSTEMS
See FUEL TANKS
See HEAD RESTRAINTS
See HEADLIGHTS
See LEMON LAWS
See MOTOR VEHICLES
Rear hatch failure, Chrysler Dodge Magnum 2005, NHTSA preliminary probe, 798 Roof strength
See ROOF STRENGTH
See SEAT BELTS
See STEERING SYSTEMS
Tires
See TIRES
See TRANSMISSIONS
See WINDOWS
Cardiac risk, maker awareness of risks, diabetes drug, Senate panel report, 190
Concealed risk, charges false and misleading campaign to obfuscate side effects, bilked buyers and providers (N.D. Cal.), 243 Drug safety, concern over FDA oversight, Public Citizen urges recall, 247; Grassley says FDA needs new drug safety office independent of office that approves drugs for market, 472; use restrictions, FDA announcement, 996 Fraudulent misjoinder, 2 plaintiffs allege use caused cardiovascular injuries (E.D. Mo.), 705 Heart attack risk, GlaxoSmithKline hid knowledge alleged (E.D. Tex.), 1218 Joinder, no fraud, predecessor still able to sue and be sued in own name, complete diversity lacking, state survival laws (S.D. Ill.), 467 Settlements in substantial majority of cases, GlaxoSmithKline announcement, 728
Ford Windstar minivans, rear-suspension axle, defect investigations, NHTSA, 540; NHTSA Recall #10V-385, 928; BNA monthly recall report, 1083; owners urged to have vehicles checked, 1197
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