Product Safety & Liability Reporter: Current Reports Index-Summary

LABELING

See also WARNINGS
– Advertising

– Botox, off-label promotion, cerebral palsy, full disclosure of risks (Cal. Super. Ct.), 211
– Canada, false health claims, bill proposed to strengthen consumer product safety laws, 661; Parliament final approval, 1279
– CBE program, generic metoclopramide, preemption of claims for tardive dyskinesia (5th Cir.), 40; opposition to review (U.S., brief filed), 844
– Diacetyl, Orville Redenbacher and Act II microwave popcorn, class certification denied (C.D. Cal.), 944
– Drugs

See PHARMACEUTICALS; specific names of drugs

– Flea and tick control, pet owners' class action, seek recall of pyrethrin-containing products, clearer warnings, EPA (D.N.J.), 303
– Motor homes and RV trailers, NHTSA denies industry requests to lift requirements for load capacity labels, 477
– Muscle wasting condition, class action, concealing safety and efficacy of cholesterol drug Baycol (Ill.), 5
– New car stickers, proposed NHTSA rule, revamp, safety rating, crash rating, suggested price, equipment and fuel economy data, 251
– Radial tires for trucks and buses, sidewall requirements revision, NHTSA proposed rule, 1029; comment period extension, 1229
– Safety standards, CPSC proposed rule on requirements for testing and labeling consumer products, 404; 4 laboratories accredited for third-party testing of children's products, 427
– Snapple “All Natural” labeling misleading, class certification denied (S.D.N.Y.), 869
– Vitaminwater health claims, misleading statements alleged, class claims (E.D.N.Y.), 794
– Zero trans fat, Hostess snack foods, class action dismissed (C.D. Cal.), 1164

LABORATORIES

– “Firewalled laboratories” accreditation, CPSC recommends 3 facilities, 824
– Flammability testing of children's rugs and vinyl apparel, CPSC accreditation requirements, 714; final rule, 773
– Third-party facilities

– – ATVs intended for children, CPSC draft accreditation requirements, 826; approved, members divided on Congress's intent, 848; testing date moved back, 1253
– – Flammability testing of children's mattresses and textiles, CPSC draft accreditation requirements, 825; approved, members divided on Congress's intent, 848; revision of certification terms, 1193
– – Sleepwear for children flammability testing, CPSC draft accreditation requirements, 1153; final rule, 1224

LADDERS

– Design defect, strict liability, negligence, and breach of warranty for injury from collapse (E.D. Tex.), 70
– Rebuttal testimony, surprise evidence to refute plaintiff's claim for micro-crack (4th Cir.), 43

LAMISIL

– Failure to warn claim against maker of FDA-approved drug, Tex. fraud-based exception not preempted (D.N.J.), 967

LAUNDRY EQUIPMENT

– Ozone generator alleged cause of brain injury, workers' compensation denied, negligence and design defect claims allowed (Utah), 558

LAWN MOWERS

– Cordless electric, Black & Decker, unexpected start up, BNA monthly recall report, 1083
– Fingers amputated cleaning grass from blades, contributory negligence (E.D.N.Y.), 419
– Reconditioned riding mower, foot injury, crashworthiness issue (7th Cir.), 1208
– Tip over accident, crashworthiness non-issue, strict liability and failure to warn claims (W.D. Va.), 601

LAWYERS

See ATTORNEYS

LEAD

– Artificial turf levels, 2 companies settle Proposition 65 lawsuit (Cal. Super. Ct.), 773
– Canada

– – Biomonitoring national survey, 877
– – Consumer products content, new restrictions, proposed rules, 1226; final rules issued, 1253
– – Surface coating materials, use restrictions, final rule, 1195

– Children's products

– – Baby foods and drinks contamination possible, class action filed (D. Colo.), 762
– – Belts, buckles excessive levels, BNA monthly recall report, 742
– – CPSC final rules, disagrees on report to Congress, 29
– – CPSIA, industry groups support amendment providing relief for businesses while insuring product safety, 452
– – Importing and selling products that violate lead paint ban, CPSC accord with Jo-Ann Stores, 455
– – Imports that violate rules, Seattle importer fined, CPSC accord, 224
– – Mood rings and necklaces, D&D Distributing-Wholesale and CPSC recall, 1000; BNA monthly recall report, 1083
– – Technological feasibility of content limit reduction by Aug. 11, 2011, comments sought, 738
– – Tiaras high levels, BNA monthly recall report, 742

– Component parts testing and testing certification of children's products, proposed rule, 506
– Consumer Reports recent tests find unsafe levels in children's and household products, Oct. issue, 950
– Inspectors at U.S. ports of entry, CPSC agents enforcement of product safety laws, BNA Insight, 852
– Jewelry, Rainbow Apparel of Am. fourth violation notice, 715
– Lipstick, no actual harm shown, no FDA warnings mandate, putative class claim (3d Cir.), 351
– Paint

See LEAD PAINT

– Tink Tink and Friends Children's Toy Jewelry Sets, lead content violation, CPSC recall, 130; BNA monthly recall report, 256

LEAD PAINT

– Costs of removal in pre-1960 housing units, CRS report, 876
– Hammary chests and tables, BNA monthly recall report, 519
– Jean Card & Gift birthday cards, lead paint violation in attached bracelet, CPSC recall, 130; BNA monthly recall report, 256
– Moroccan tea glasses, exterior coloring, BNA monthly recall report, 641
– Poisoning, $7M award to teenager who ate paint chips, former paint maker seeks judgment notwithstanding verdict (Miss.), 731
– Public nuisance suits

– – Contingent fee attorneys subject to restrictions (Cal.), 784; due process rights violation (U.S., amicus brief filed), 1210
– – Pigment makers litigation costs denied (R.I. Super. Ct.), 590

– Risk-contribution theory of liability, application violates successor-in-interest company substantive due process rights (E.D. Wis.), 679; summary judgment for remaining defendants, 1189
– Testing rules, petition to amend to allow alternative procedures, 31
– Thomas & Friends, Curious George, Circus, Winnie-the-Pooh, and Primary Colors spinning tops and tin pails, CPSC fines importer, 147; insurer duty to defend toy maker from lead paint claims, policies applied to damage outside U.S. (7th Cir.), 353; civil penalty doubled, 609
– Thomas & Friends railway toys, importer fine for violating ban, 30
– Timberland classic waterproof boots, logo violation, BNA monthly recall report, 84
– Youth and junior hockey sticks, Bauer Hockey, paint and decals have excessive lead, recall, 371; BNA monthly recall report, 519

LEARNED INTERMEDIARY DOCTRINE

– Cymbalta, suicide warning risks inadequate, judgment for maker (D.S.D.), 1102
– Direct misleading patient advertisement, Remicade, lupus-like symptoms (Tex. Ct. App.), 234
– History and survey of states, BNA Insight, 544
– Levaquin, unresolved fact issues, tendon injury suit (D. Minn.), 818
– Medical device makers, failure to warn claims when device available only to physicians (Colo.), 296
– Metoclopramide, misunderstanding of side effects by doctor, failure to warn claim (5th Cir.), 1101
– Pacemakers, company representative directions to physician differ from published warnings (Conn.), 992
– Paxil, inadequate warning of suicide risk, likelihood of prescribing with most current warnings (11th Cir.), 240
– Preemption, failure to warn, suicide, physical aware of risks of Effexor (W.D. Pa.), 214
– Redux, non-disclosed risk does not manifest into injury, failure to warn claim (Pa. Super. Ct.), 817
– Zyprexa and diabetes link, summary judgment for maker (2d Cir.), 761

LEGISLATION, FEDERAL

– Ed. Note: This heading covers bills with assigned numbers only. For information on measures not yet assigned numbers, see specific subject headings.
– House

– – HR Hill Watch, 342; 957
– – HR 1346, Medical Device Safety Act, trial lawyers' group push development, 50
– – HR 2142, Government Efficiency, Effectiveness, and Performance Improvement Act, reporting requirements of federal agencies, House approves, 664
– – HR 2247, Congressional Review Act amendment, eliminates requirement that agencies submit rules for review, approved, 284
– – HR 4115, Open Access to Courts Act, trial lawyers' group support, 50
– – HR 4678, Foreign Manufacturers Legal Accountability Act, registered agents for service of process, personal jurisdiction, bipartisan bill, 198; addresses product liability litigation inequities re overseas manufacturing, BNA Insight, 226; subcommittee hearing and testimony, 635; House committee approves, 772; Natl. Retail Fed'n opposition, 797
– – HR 4805, Formaldehyde Standards for Composite Wood Products Act, amends TSCA to set emissions limits, House committee approves, 611
– – HR 5381, Motor Vehicle Safety Act, strengthens NHTSA authority, resources, and flexibility to develop standards, House committee approves, 571; safety advocates urge passage, 768

– Senate

– – S Hill Watch, 342; 957
– – S 540, Medical Device Safety Act, trial lawyers' group push development, 50
– – S 593, Ban Poisonous Additives Act, Feinstein seeks bisphenol A ban in food and drink containers when Senate acts on food safety bill, 542
– – S 841, Pedestrian Safety Enhancement Act, “silent” electric and hybrid vehicles sound requirement, House and Senate pass bill, 1281
– – S 1540, Notice Pleading Restoration Act, trial lawyers' group supports, 50
– – S 1606, Foreign Manufacturers Legal Accountability Act, addresses product liability litigation inequities re overseas manufacturing, BNA Insight, 226
– – S 1660, Formaldehyde Standards for Composite Wood Products Act, amends TSCA to set emissions limits, Senate approves, 635; House approves, 663
– – S 3302, Motor Vehicle Safety Act, strengthens NHTSA authority, resources, and flexibility to develop standards, 538; Senate committee approves, 616

LEMON LAWS

– Innocent seller law, implied warranty and revocation of acceptance claims against dealership (Colo. Ct. App.), 1048
– Redhibition claims

– – Boat engine maker liability for vessel as a whole, refund action (E.D. La.), 1050
– – Siding shingles defective, reasonability of builder's 8 year delay in returning (5th Cir.), 44
– – Vioxx MDL, pain drug exclusion from Medicaid program, dismissed (E.D. La.), 703

LEVAQUIN

– Learned intermediary doctrine possible bar to tendon injury suit, unresolved fact issues (D. Minn.), 818
– Pretrial proceedings, consolidation of bellwether cases (D. Minn.), 10
– Tendon rupture risk, evidence admissibility (D. Minn.), 1188; verdict, 1272

LIGHTERS

– Butane candle lighters, Zippo Slatkin & Co., excessive flame, burn hazard, voluntary recall, 107; BNA monthly recall report, 256

LIGHTING EQUIPMENT

– Bamboo torches, fuel canister laceration hazard, BNA monthly recall report, 886
– Discovery Kids lamps, circuit board, causes electrical short, fire and burn hazard, BNA monthly recall report, 256
– Floating spotlights lens assemblies, Coleman WaterBeam 4D, CPSC recall, 976; BNA monthly recall report, 1083
– Fluorescent light bulbs, overheat hazard, E. Am. Trio Products and CPSC recall, 1057; BNA monthly recall report, 1198
– Halloween lanterns, fire and burn hazard, BNA monthly recall report, 1198
– Halogen lamp alleged cause of fire, expert fails to address alternative causation theories (Tex.), 652
– Headlights

See HEADLIGHTS

– Nightlights

– – Electroluminescent, fire and shock hazards, Molenaar and CPSC recall, 1000; BNA monthly recall report, 1083
– – Forever-Glo Cylinder Nite Lites, fire and burn hazards, CPSC recall, 1254
– – OSRAM Sylvania portable, electric shock hazard, BNA monthly recall report, 84

– Projector flashlights and batteries overheating, fire and burn hazard, Dollar Tree Stores and CPSC recall, 1108; BNA monthly recall report, 1198
– Rechargeable spotlights, Innovage, battery overcharge hazard, BNA monthly recall report, 1083
– Wiring problem, Hyundai-Kia Soul and Sorento vehicles, NHTSA Recall #10V-388, 976; BNA monthly recall report, 1083

LIMITATIONS PERIODS

See STATUTES OF LIMITATIONS

LITIGATION

– Class actions

See CLASS ACTIONS

– Cutting edge subjects, ABA panel, 142
– Discovery

See DISCOVERY

– Financing, plaintiffs and law firms finding outside investors to fund commercial suits, Special Report, 314
– FRCP

See FEDERAL RULES OF CIVIL PROCEDURE (FRCP)

– Medical Device Safety Act

See LEGISLATION, FEDERAL, HR 1346, S 540

– Notice Pleading Restoration Act

See LEGISLATION, FEDERAL, S 1540

– Open Access to Courts Act

See LEGISLATION, FEDERAL, HR 4115

– Pleading standards for civil claims, medical device safety, and defective foreign product claims, trial lawyers' legislative agenda, 50

LOUISIANA

– Beetle bits, Similac infant formula powder form, class action filed after voluntary recall (E.D. La.), 1050
– Boat engine maker, redhibition claim (E.D. La.), 1050
– BP oil spill, Gulf of Mexico, chemical dispersant use class action filed (E.D. La.), 682
– Cattle dip containing arsenic not unreasonably dangerous per se, successor corporation liability (La. Ct. App.), 1149
– Chlorine leak, industrial hose seller not actual or apparent manufacturer (M.D. La.), 1103
– Darvocet alleged cause of heart attacks, class action filed (E.D. La.), 1276
– Hexavalent chromium in watch strap, design defect claims and expert evidence (W.D. La.), 67
– Knee implant unreasonably dangerous, allegedly defective product caused injury (W.D. La.), 531
– Medical device maker suit, remand motion for non-diverse defendants denied (W.D. La.), 531
– Nicotine addictive effects, smokers defrauded, judgment stayed (U.S.), 1018; (rev sought), 1245
– Pain pumps

– – Alleged violations of FDA rules not parallel claims, preempted (E.D. La.), 1127
– – Risk information concealment alleged, plaintiff discovery allowed (W.D. La.), 792

– Product Liability Act

– – Appliance fire, neither home owners nor third parties at fault, inference of range manufacturing defect, expert qualified and reliable (M.D. La.), 446
– – Bolts used to stabilize oil platform wrong kind and defective, seller liable as manufacturer (5th Cir.), 463
– – Defibrillators, repeated shocks from implant alleged, claim meets pleading standards (E.D. La.), 871
– – Endometrial ablation device, preemption of state tort claims (W.D. La.), 868
– – Hospital pharmacy director's affidavit provides fact issue about whether Cipro prescribed, timeliness (W.D. La.), 419
– – Metoclopramide, inadequate warnings, brand name drug makers not liable to man who only used generic (M.D. La.), 1132
– – Powdered infant formula, parents claim caused brain damage, failure to warn, design and manufacturing defects, warranty (D. Minn.), 442
– – Riding oil pump, teenager's attempt results in injuries, claims survive summary judgment (La. Ct. App.), 1148

– Redhibition, reasonability of builder's 8 year delay in returning defective siding shingles (5th Cir.), 44
– Unfair and deceptive trade practices, state accord with Zyprexa maker for off-label marketing of antipsychotic drug (E.D.N.Y.), 417
– Vioxx MDL, pain drug exclusion from Medicaid program, redhibition claim dismissed (E.D. La.), 703

LYE

– Drain cleaner caused facial burns, adequacy of warnings and design defect (N.Y. App. Div.), 47