Product Safety & Liability Reporter: Current Reports Index-Summary

IBUPROFEN

– Fraud exception for federally approved drug label, skin reaction to Motrin (N.D. Tex.), 115

IDAHO

– Herbicide drift from aerial application damages crops, $17M awarded (D. Idaho), 533
– Hip prosthesis component part premarket approval, defect alleged, claims preempted (D. Idaho), 1170

ILLINOIS

– Aqua Dots tainted with GHB, class certification denied (N.D. Ill.), 1044
– Beetle bits, Similac infant formula powder form, class action filed after voluntary recall (N.D. Ill.), 1095
– Consumer Fraud and Deceptive Practices Act, class action, concealing safety and efficacy of cholesterol reduction drug Baycol (Ill.), 5
– Coupon for “Kentucky Grilled Chicken” meal, breach of contract and fraud claim, class action (N.D. Ill.), 765
– Diacetyl in popcorn butter flavoring, largest verdict to date, BASF to appeal $30M award (Ill. Cir. Ct.), 943
– Hydraulic lift platform accident, all other causes need not be ruled out to proceed (Ill. Cir. Ct.), 600
– Intraocular lens implant, contamination alleged, product liability claims preempted (Ill. App. Ct.), 901
– Light cigarettes, unjust enrichment claim allowed in class action (N.D. Ill.), 65; class action dismissed, 677
– Limitations period, weight gain and diabetes, Zyprexa suit filed more than 2 years after drug use end (E.D.N.Y.), 140
– Pain pump punitive damage claims, choice of law issue (N.D. Ill.), 1243

IMMUNITY

– Statutory, lung cancer from cigarette smoking, victim reliance on false safety statements (Cal.), 43

IMPLANTS

See generally MEDICAL DEVICES

IMPORTS

See INTERNATIONAL TRADE; specific countries

INDIANA

– Pain pumps, fraud claims dismissed without prejudice (N.D. Ind.), 1169
– Rollovers, Ford Explorer, seatbelt and sunroof issues, new trial ordered (Ind.), 1096

INDUSTRIAL EQUIPMENT AND MACHINERY

– Chlorine leak, hose seller not actual or apparent manufacturer (M.D. La.), 1103
– Lift cylinder for lower boom of bucket truck, timeliness of suit within 10 years of final assembly and delivery (11th Cir.), 470
– Metal-recycling machinery, N.J. court authority over foreign distributor, stream of commerce (N.J.), 180; (U.S., rev grant), 1014; (brief filed), 1182
– Sandblaster parts maker in Ky., N.J. court authority, stream of commerce, Nicastro rejected (D.N.J.), 1126
– Welding machines, parts supplier ignored maker specifications, fraudulent inducement (N.D. Ohio), 275

INFANTS

See generally CHILD SAFETY
– Car seats

See CHILD RESTRAINTS

INFORMATION AND REGULATORY AFFAIRS OFFICE (OIRA)

– Sunstein claims new approach to regulatory processes under Obama administration, 617; disclosure and simplification use memo, 664; Republican lawmakers critical of failure to reject any regulations, 800

INFORMATION TECHNOLOGY AND NETWORKS

– Computers

See COMPUTERS

– Emerging technologies, mobile devices, and demise of traditional news vehicles, change in notices, BNA Insight, 286
– Internet

See INTERNET

– SaferProducts.gov, public workshop on gathering data for safety incident database, 225; proposed database rule discussion at next meeting, 368; flagship initiative laid out as part of administration's open government plan, 404; proposed rule issued, 574
– Smart technologies, benefits and driver distractions discussed at conference, 510

INJURY INFORMATION

– ATVs, deaths and injuries, CPSC report, 2008, 106
– Crash data collection standardization, FARS and NASS GES changes first phase, webinar, 975
– Traffic fatalities and injuries reach all-time low in 2009, 952

INOCULATIONS

See VACCINES

INSURANCE

– Asbestos exposure claims

– – All sums allocation method, targeted insurer contribution actions against other insurers (Ohio), 678
– – Contribution and indemnity, Johns-Manville bankruptcy, sufficiency of notice of accords for liability (2d Cir.), 388

– Commercial policies for damages outside U.S., duty to defend toy maker from claims for lead paint in wooden trains (7th Cir.), 353
– Legally obligated to pay, insurers' duty to indemnify home builder for cost of voluntary cleanup, hazardous Chinese drywall (E.D. Va.), 421
– Liability, recovery for exposure, noncumulation provisions permit recovery for defense costs, BNA Insight, 372

INTERNATIONAL TRADE

See also specific countries and industries
– Declaration of principles to govern imports safety, 10 federal agencies agreement, 1136
– Foreign Manufacturers Legal Accountability Act

See LEGISLATION, FEDERAL, HR 4678, S 1606

– Imports, CPSC pact gives it presence in agency analytical center, gives access to targeted imports and safety risk assessment, 454; Mullan to work with CBP, 661
– Inspectors at U.S. ports of entry, CPSC agents enforcement of product safety laws, BNA Insight, 852
– Regulatory cooperation among import markets, trilateral safety summit, 1135
– 3rd Annual Product Safety and Liability Conference, speakers, 1056

INTERNET

– Commercial motor carriers online preview of safety rankings, FMCSA new enforcement program, 910
– E-mail

See E-MAIL

– E-Rulemaking, OIRA guidelines coming soon, 1230
– Emerging technologies, mobile devices, and demise of traditional news vehicles, change in notices, BNA Insight, 286
– Federal Register improved website debuts, 771
– Social media sites, federal agencies use to encourage public participation, OMB guidance, 690

INVESTIGATIONS

– Japan, Mitsubishi officials fined, false report of truck defects, appeal rejected, 280
– NHTSA, defects

– – Opened, 34; 54; 76; 124; 129; 169; 223; 282; 366; 427; 477; 509; 540; 617; 715; 771; 798; 827; 874; 909; 928; 955; 976; 1003; 1031; 1230; 1282; 1283
– – Upgraded, 451; 617

– Rental car companies, recall remedies failure alleged, NHTSA opens probe, 1229

IOWA

– Cold medicine containing PPA alleged cause of various aliments, expert testimony unreliable (Iowa), 185

See INFORMATION TECHNOLOGY AND NETWORKS