Product Safety & Liability Reporter: Current Reports Index-Summary

TASER GUNS

– Adverse affect on people at risk of seizures, inconsistencies between allegations against city and maker (E.D. Cal.), 794
– Emotional distress and punitive damages claims, tire plant worker dies after being stunned (D. Kan.), 398
– Time between shot and death, causation inference

– – Expert witnesses excluded, apartment building incident (9th Cir.), 352
– – Marijuana field police chase, second probe connection (D. Colo.), 352

TECHNOLOGY

– Information technology and networks

See INFORMATION TECHNOLOGY AND NETWORKS

– Nanotechnology

See NANOTECHNOLOGY

TELECOMMUNICATIONS

– Cell phones, radio frequency radiation emissions unsafe, claims preempted (3d Cir.), 1122
– Counterfeit Asurion Blackberry-branded batteries, burn and fire hazards, BNA monthly recall report, 978
– Emerging technologies, mobile devices, and demise of traditional news vehicles, change in notices, BNA Insight, 286
– iPhone external antenna, dropped calls, class action proposed (D. Md., N.D. Cal., S.D. Tex.), 707
– Mercedes Benz, emergency roadside assistance useless without analog signal (D.N.J.), 304

TENNESSEE

– Bronchoscope allegedly faulty, sealed container law bars certain claims against distributor (W.D. Tenn.), 499
– Consumer Protection Act, attorneys' fees, benefit to others, class action for staining by clothes dryer, U.S. court jurisdiction (7th Cir.), 161
– FFDCA amendments, moth larvae-containing candy in pet store, sealed packaging removed in store (M.D. Tenn.), 162
– Neurontin off-label use for chronic pain, suicide (M.D. Tenn.), 468; settlement, 535
– Parallel claims, claim linking FDA compliance failures to device failure not preempted (E.D. Tenn.), 625
– Preemption, airport shuttle failure to provide seat belts and tempered glass (Tenn. Ct. App.), 298
– Spinal cord stimulator, recall allegation insufficient, design defect claim (E.D. Tenn.), 1171
– Statute of repose, useful life provision, diet drug maker (U.S., rev den), 301

TESTING

– Blood, gas chromatography/mass spectrometry, reliability of femoral artery blood test, pain patch, wrongful death (Tex. Ct. App.), 357
– Crash tests

See CRASHWORTHINESS

– Laboratories

See LABORATORIES

– Ladders, surprise evidence to rebut plaintiff's claim for defect (4th Cir.), 43
– Lead paint, CPSC rules, petition to amend to allow alternative procedures, 31

TEXAS

– Asbestos tort claims, successor liability limit, retroactive law applicability to pending suits (Tex.), 1125
– ATV injury, failure to answer complaint by maker, default judgment affirmed (Tex. Ct. App.), 603
– Avandia, heart attack risk, GlaxoSmithKline hid knowledge alleged (E.D. Tex.), 1218
– Cochlear implants adulterated devices, parallel claims not preempted (N.D. Tex.), 705
– Deceptive trade practices, defective hip replacement device claims may not be based on component that passed premarket approval (S.D. Tex.), 439
– Design defect, propeller strike, liability apportioned between maker, operator, and wakeboarder who lost leg (W.D. Tex.), 392
– Discovery, relevance of documents in tire defect suit, not similar in design or manufacture (Tex. Ct. App.), 141
– Halogen lamp alleged cause of fire, expert fails to address alternative causation theories (Tex.), 652
– Helicopters, indemnity claim by maker against service company, damages paid due to fatal crash (Tex. Ct. App.), 1070
– Hip implant received FDA premarket approval, 2 preemption theories bar claims against maker (N.D. Tex.), 941
– Hydroxycut, kidney failure and muscle breakdown, false and misleading claims alleged (E.D. Tex.), 1219
– iPhone external antenna, dropped calls, class action proposed (D. Md., N.D. Cal., S.D. Tex.), 707
– Lamisil, failure to warn claim against maker of FDA-approved drug, fraud-based exception not preempted (D.N.J.), 967
– Long-arm statute, jurisdiction over nonresident maker and seller of shrimp boat winches reviewed (Tex. Ct. App.), 189
– Metoclopramide, failure to warn, brand name drug makers liability, generic product used only (E.D. Tex.), 472
– Mirapex, compulsive gambling losses, statute of limitations bars claim (D. Minn.), 919
– Pacemaker dislodges and punctures heart, claims do not meet pleading standard and preempted (N.D. Tex.), 710
– Pain pump, morphine toxicity death, parallel state product liability claims (S.D. Tex.), 1047
– Rollovers, Toyota lawsuits, discovery abuse

– – Mandamus denied (Tex.), 916
– – Widow seeks sanctions (E.D. Tex.), 440

– Sudden unintended acceleration, Toyota vehicles, lead counsel appointed in state MDL (Tex. Dist. Ct.), 1098
– Synthetic stucco installer is seller, indemnification by product maker, product liability suit (Tex.), 896
– Underride guards on 18-wheeler trailers, installation issue re car crash, order granting new trial subject to review (Tex. Ct. App.), 732
– Wire rope sling on drilling rig, defective design alleged in wrongful death suit (Tex. Ct. App.), 734

TIMELINESS

See STATUTES OF LIMITATIONS

TIRES

– Air loss, Goodyear Dunlop SP193, NHTSA Recall #10T-018, BNA monthly recall report, 978
– Alignment defect in Land Rover LR3 alleged, proof of manifestation, class certification (9th Cir.), 895
– Endurance and performance tests and sidewall labeling requirements revision, truck and bus radial tires, NHTSA proposed rule, 1029; comment period extension, 1229
– Foreign affiliates of Goodyear, N.C. court jurisdiction, stream of commerce standard (U.S., rev grant), 1014; (brief filed), 1182
– Forum non conveniens

– – Discovery benefits defense in Mexico rollover accident, dismissal reversed (Cal. Ct. App.), 589
– – Mexico, accident re Ford SUVs and Firestone tires, MDL court prevents Mexican citizens from pursuing claims in Tex. (U.S., rev den), 656

– Fuel efficiency ratings

See FUEL EFFICIENCY

– Nylon cap ply theory unreliable, van overturned after sudden deflation (10th Cir.), 791
– Recreational vehicle crash, Goodyear G159 tire allegedly defective, jury awards $5.6M (Fla. Cir. Ct.), 681
– Selection and rims standard noncompliance, Volvo S80 vehicles, NHTSA Recall #10V-335, BNA monthly recall report, 886
– Spare, Toyota Sienna minivans, recall for corrosion in carrier cable, prolonged road salt exposure, NHTSA Recall #10V-160, 427; BNA monthly recall report, 519
– Trade secrets, relevance of documents in defect suit, dissimilar in design or manufacture (Tex. Ct. App.), 141
– Tread separation

– – Cooper Tire & Rubber, minivan rollover, jury verdict (Iowa Dist. Ct.), 326
– – Rollover accident, Ford challenges award for spinal cord injury (Cal. Super. Ct.), 186

TNF BLOCKERS

– Humira, off-label use to treat Crohn's disease allegedly caused lymphoma, failure to warn claim (N.D. Cal.), 631
– Remicade, learned intermediary doctrine, direct misleading patient advertisement (Tex. Ct. App.), 234

TOBACCO INDUSTRY

– Asbestos-containing cigarette filters, jury verdict on claims for smoker mesothelioma (Cal. Super. Ct.), 96
– Chewing tobacco, settlement of tongue cancer wrongful death suit (Conn. Super. Ct.), 1237
– Damages award to former smoker with emphysema reduced (Fla. Cir. Ct.), 183
– Engle progeny cases

– – Causation proven, damages to widow of longtime smoker upheld (Fla. Dist. Ct. App.), 1268
– – Damages of $80M awarded to daughter, smoker died of lung cancer (Fla. Cir. Ct.), 1183
– – Fla. plaintiffs use of jury findings from earlier state court case (11th Cir.), 785
– – Nicotine addiction from cigarettes, laryngeal cancer (Fla. Cir. Ct.), 1073

– Flammability tests of mattresses, ignition source cigarette, CPSC proposed rule, 1155
– Free samples received as child led to lifetime smoking addiction alleged, jury award in wrongful death suit (Mass. Super. Ct.), 1268
– Light cigarettes

– – Marketing MDL, unjust enrichment claims and requests for relief at pleadings stage (D. Me.), 819; continued purchases, reliance allegations, 987; four state classes, certification denied, 1214; N.H. class certified, 1214
– – Unjust enrichment claim allowed in class action (N.D. Ill.), 65; class action dismissed, 677

– Loss of consortium wrongful death suit, dismissed (Cal.), 493
– Low-tar Merit brand suit, punitive damages award, new trial ordered (Or.), 702
– Medical monitoring, long-time smokers claims for early lung cancer detection, class certified (D. Mass.), 676
– Nicotine addictive effects, La. smokers defrauded, judgment stayed (U.S.), 1018; (rev sought), 1245
– Smoker started in early teens, failed to quit, lung cancer death, jury award (Fla. Cir. Ct.), 272
– Statutory immunity, reliance on false safety statements (Cal.), 43

TOOLS

– Cordless drills, model HP 1802M, Ryobi and CPSC recall, 1108; BNA monthly recall report, 1198
– Dremel rotary power tool, warning label size adequacy, expert opinion (Cal. Ct. App.), 990
– Hammer drills shock hazard and switch trigger “on” position, Robert Bosch Tool, BNA monthly recall report, 1284
– Handheld torch explodes, experts needed to prove cause of blast (9th Cir.), 527; (U.S., rev den), 1152
– Heavy

See HEAVY EQUIPMENT; INDUSTRIAL EQUIPMENT AND MACHINERY

– Ladders

See LADDERS

– Machetes, Gerbor Gator and Gator Jr., saw side sticks in wood during use, laceration hazard, BNA monthly recall report, 378
– MTD Gold, Troy-Bilt, Yard Machines, Cub Cadel, and Craftsman log splitters, amputation risk, BNA monthly recall report, 84
– Orbit sanders, Black & Decker, plastic platen laceration hazard, BNA monthly recall report, 1083
– Sledge hammers, head can loosen and detach, Brigade hickory handle, BNA monthly recall report, 978
– Spanlink Intl. tactical knives, cutting hazard, BNA monthly recall report, 84
– Table saws (portable) misaligned blade, laceration hazard, Ryobi RTS20, CPSC voluntary recall, 1281
– Tool bench utility knives, laceration hazard, BNA monthly recall report, 84

TORTS

– Areas to watch, medical monitoring, diesel-exposure, food safety, cell phones, areas to watch, ABA panel, 142
– Assumption of the risk, hardware store liability for bi-fold door injury (S.D. Sup. Ct.), 187
– Economic loss rule

– – Breach of warranty, fraud, or state law, replacement hip, higher failure rate (D. Mass.), 274
– – Chinese drywall contaminated with sulfur, claims against suppliers (E.D. La.), 63; first ruling, Va. homeowners homes so severely contaminated that homes will be rebuilt, damages award, 349; Louisiana family whose home was damaged gets damages, recovery of Va. award uncertain as manufacturer never appeared, 441; class certification, Miami-area homeowners (Fla. Cir. Ct.), 588; first jury verdict, $2.5M award (Fla. Cir. Ct.), 654; partial settlement, 1094
– – Cruise control, tort recovery, Ford F-150 design defect damaged only defective product (S.C.), 21
– – Electrocution wrongful death claim, spoliation of evidence as separate tort (Utah), 526
– – Hip prosthesis lost after removal, third party spoliation of evidence as separate tort (Ariz.), 494
– – Toyota Prius, dozens of class claims for economic loss filed (E.D. Ky.), 156

– Financing, plaintiffs and law firms finding outside investors to fund commercial suits, Special Report, 314
– Medical monitoring, long-time smokers claims for early lung cancer detection, class certified (D. Mass.), 676
– Negligence

See NEGLIGENCE

– Preemption of state law, ABA resolution seeks clarification, 846
– Public nuisance

– – Growth in litigation, relationship to “political question” doctrine, BNA Insight, 666
– – Lead paint suit, pigment makers litigation costs denied (R.I. Super. Ct.), 590

– Third restatement, Wis. Supreme Ct. resists adoption, BNA Insight, 1004

TOXIC CHEMICALS

See also specific substances
– BP oil spill, Gulf of Mexico, dispersant use class action filed (E.D. La.), 682
– Brominated and chlorinated flame-retardants, health concerns, call for more toxicity data, 1137
– Cal. green chemistry initiative, proposed rules to reduce chemicals of concern in consumer products, 455; opposition, 1279
– Consumer products, reduction and safer alternatives, Cal. releases proposed rules, 690
– Drywall, Chinese-made

See DRYWALL

– Pesticides

See PESTICIDES

– Regulation of substances in products, BPA case study, BNA Insight, 1032
– Toys, lab test results, U.S. PIRG report, 1225

TOXIC SUBSTANCES CONTROL ACT (TSCA)

– Flame-retardant chemicals, chemical makers asked to provide health information and data on bioaccumulative nature, 403

TOYS AND GAMES

– Aqua Dots tainted with GHB, class certification denied (N.D. Ill.), 1044
– Bathtub submarines, battery-operated, intake valves laceration hazard, Munchkin and CPSC recall, 1108; BNA monthly recall report, 1198
– Batteries ingestion hazard, Chuck E. Cheese light-up rings and star glasses, CPSC recall, 976; BNA monthly recall report, 1083
– Books

See BOOKS

– Buckyballs magnet sets, BNA monthly recall report, 641
– Building sets, Giant Starbuilders and Giant Stars, plastic knobs choking hazard, BNA monthly recall report, 1083
– Cadmium

– – CPSC recommends new standards, 1105
– – Football rings and Happy Charm Bracelets, SmileMakers recall, 692; BNA monthly recall report, 886
– – Toys and metal jewelry contain unsafe levels, FDA does not regulate, Ecology Center, 75; CPSC announces Wal-Mart removal from shelves because importer recalling, 130; BNA monthly recall report, 256; Wal-Mart adopts new testing standard after learning of concerns about antimony, arsenic, barium, chromium, and selenium, 480

– Choking hazards and toxic chemicals, lab test results, U.S. PIRG report, 1225
– Click armband bracelets, Klick Klick balls, and BoBo balls, choking hazard, Fun Stuff, CPSC recall, 976; BNA monthly recall report, 1083
– Dart gun sets

– – Henry Gordy Intl., choking hazard, Family Dollar Stores recall, 543; BNA monthly recall report, 641
– – OKK Trading, choking hazard, BNA monthly recall report, 84

– Drum, plastic clips choking hazard, BNA monthly recall report, 519
– Evenflo Exersaucer, choking hazard, BNA monthly recall report, 84
– Gymini Kick & Play and Tiny Smarts Gift Sets, sharp metal rod exposure, puncture and laceration hazard to babies, BNA monthly recall report, 256
– Hazards, Am. Ass'n of Justice report, 1223
– Horses on a stick, reins strangulation hazard, BNA monthly recall report, 1284
– Lead and phthalates, importer fined for importing children's products that violate rules, CPSC accord, 224
– Little People Play 'n Go Campsite, small parts choking hazard, CPSC recall, 850; BNA monthly recall report, 978
– Magnetic maze boards, magnet choking hazard, BNA monthly recall report, 978
– Nature Wonders HD pinto horse toy figures, Blip Toys, lead paint, voluntary recall, 107; BNA monthly recall report, 256
– Nintendo Wii remote control wrist straps, Colo. choice-of-law rules applied, nationwide class action dismissed (D. Colo.), 238
– Phthalates, children's products

– – CPSIA, industry groups support amendment providing relief for businesses while ensuring product safety, 452
– – Health effects, CPSC to convene first meeting, mandated by CPSIA, 340; panel meets to start examining potential health risks, 402; second meeting, 614; time changes, second meeting, 691
– – Importer fined for exceeding rules, CPSC accord, 224

– Playard portable tent, strangulation hazard, voluntary recall, 773; BNA monthly recall report, 886
– Pretend ignition key protrudes, toddler tricycles, Fisher-Price and CPSC recall, 1028; BNA monthly recall report, 1198
– Push-type buggies, handle detachment hazard, recall, 508; BNA monthly recall report, 641
– Remote-controlled helicopters, battery overheating hazard, recall, 508; BNA monthly recall report, 641
– Safety 1st Disney Care Center Play Yard and Eddie Bauer Complete Care Play Yard, suffocation or positional asphyxiation hazards, BNA monthly recall report, 84
– Sand and Water Transportation Station, train cars plastic wheels choking hazard, Step2, CPSC recall, 976; BNA monthly recall report, 1083
– Sports and recreational equipment

See SPORTS AND RECREATIONAL EQUIPMENT

– Thomas & Friends, Curious George, Circus, Winnie-the-Pooh, and Primary Colors spinning tops and tin pails, lead paint, importer fined, 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 lead paint ban, 30
– Valves from inflatable balls, infant activity centers, choking hazard, Fisher-Price and CPSC recall, 1028; BNA monthly recall report, 1198
– Watering cans, toy rakes, and holiday water globes, CPSC accord with Jo-Ann Stores for importing and selling products that violate lead paint ban, 455
– Wheels from toy cars, choking hazard, Little People Wheelies Stand 'n Play Rampway, Fisher-Price and CPSC recall, 1028; BNA monthly recall report, 1198

TRADE POLICY

See INTERNATIONAL TRADE

TRADE SECRETS

– Discovery, relevance in tire defect suit, not similar in design or manufacture (Tex. Ct. App.), 141

TRANSMISSIONS

– Continuously variable cooler hose, Subaru Outback and Legacy, NHTSA Recall # 10V-196, BNA monthly recall report, 641
– Drive chains, BMW F 650 and 800 GS motorcycles, NHTSA Recall #10V-274, 665; BNA monthly recall report, 742
– Ignition interlock levers, Honda Accords, Civics, and Elements, NHTSA Recall #10V-364, 847; BNA monthly recall report, 978
– Mazda3, vehicles in Asia and Europe recalled to fix, 408; BNA monthly recall report, 519
– Roll gear pins mounting attachment, BMW G 650 series motorcycles, NHTSA Recall #10V-273, 665; BNA monthly recall report, 742
– Shift cables detach, automatic transmissions, 2007 Kia Optimas, NHTSA preliminary evaluation PE 10-046, 1230
– Shift interlock device, safety standard requiring to protect children from rollaways, final rule, 337
– Wireless ignition node modules solenoid latch binding, Chrysler recalls Dodge and Jeep vehicles, Recall #10V-200, 511; BNA monthly recall report, 641

TRANSPORTATION

– Automobiles

See MOTOR VEHICLES

– Buses

See BUSES

– Motorcycles

See MOTORCYCLES

TRANSPORTATION DEPARTMENT (DOT)

– NHTSA

See NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION (NHTSA)

TRASYLOL

– MDL, labeling requirements, regulatory expert testimony exclusion (S.D. Fla.), 1149
– Plaintiffs 4 similar cases with less than 100 persons, CAFA jurisdiction (7th Cir.), 684

TROVAN

– Nigeria, clinical trial without proper consent alleged cause of deaths and injuries (U.S., rev den), 687

TRUCKS

– Air bags

See AIR BAGS

– Air intake duct cushions weather resistance properties, Mitsubishi Fuso, NHTSA Recall #10V-068, 378
– Anti-lock brakes, heavy truck tractors and trailers crash reduction effectiveness, NHTSA technical report, 908
– Ball socket separation at drag link, Volvo recalls VNL and VNM tractor trailers, NHTSA Recall #10V-282, 689; BNA monthly recall report, 886
– Brake hose interference with front steer tires, Volvo VNM and VNL trucks, NHTSA preliminary evaluation, 827
– Brake lights, Dodge Ram trucks with diesel engines, Chrysler recall, 1282
– Cable step breaks on utility vehicle, knee injury, assembly company or city liability (W.D. Okla.), 947
– Cassens & Sons, liability of vehicle hauler that transports vehicles to sister dealership for detective seat (Ill. App. Ct.), 68
– Corrosion leading to sudden effectiveness cuts, Chevrolet and GMC C/K series, preliminary probe, 366
– Engine cooling fans made by GM, blade fracturing, 2006 GMC, Chevrolet, and Isuzu vehicles, NHTSA preliminary investigation PE 10-049, 1282
– Event data recorders, NTSB recommendations, 1255
– Floor mats, Lund aftermarket, Ford F-150, NHTSA Recall #10E-029, BNA monthly recall report, 886
– Ford F-150, economic loss rule, tort recovery, design defect damaged only product (S.C.), 21
– Fuel pump crack possibility, Daimler Freightliner, NHTSA Recall #10V-339, BNA monthly report, 886
– Hydraulic brakes, proposed NHTSA rule would be tested with fluids used in making seals, 128
– Instrument panel wiring, Honda Ridgeline pickup trucks, BNA monthly recall report, 171
– Konigsburg adjustable brake pedal assembly, drive pin disengages from brake arm, BNA monthly recall report, 84
– Low-pressure fuel flange, Daimler Freightliner, NHTSA Recall #10V-189, BNA monthly recall report, 641
– Online preview of safety rankings, commercial motor carriers, FMCSA new enforcement program, 910
– Radial tires, endurance and performance tests and sidewall labeling requirements revision, NHTSA proposed rule, 1029; comment period extension, 1229
– Roof strength, NHTSA final rule, concerns about certifying vehicles to upgraded requirement invalid, 365
– Steering gear replacement, collision with median, expert testimony properly barred as unreliable (6th Cir.), 864
– SUVs

See SPORT UTILITY VEHICLES (SUVs)

– Toyota

– – RAV4, Corolla, Matrix, Avalon, Camry, Highlander, Tundra, Sequoia, sticking accelerator pedals, BNA monthly recall report, 171; quality control panel launched, assigns officials to principal regions, details prevention, 338; former DOT official Slater appoints safety and quality experts as advisors, 451
– – Steering relay rod defect, NHTSA opens probe into timeliness of 2005 recall, 509
– – Tacoma, voluntary recall to check front drive shafts, 168; NHTSA Recall #10V-042, BNA monthly recall report, 256
– – Tundra, road salt causes road hazard, BNA monthly recall report, 84

– Underride guards

– – Effectiveness for heavy tractor-trailers, NHTSA technical report, 1159; NTSB recommendations, 1255
– – 18-wheeler trailers, installation issue re car crash, order granting new trial subject to review (Tex. Ct. App.), 732

– Windshield wiper linkage rod separation, NHTSA Recall #10V-383, BNA monthly recall report, 978

TSCA

See TOXIC SUBSTANCES CONTROL ACT (TSCA)

TUMOR NECROSIS FACTOR INHIBITORS

See TNF BLOCKERS

TYLENOL

– Cirrhosis, scientific data or studies showing causal link (N.Y. Sup. Ct. Kings Cnty.), 99
– Over-the-counter drug, heat-related illness risk, preemption of failure to warn claim (Fla. Dist. Ct.), 49; (U.S., rev sought), 1241