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Products Liability & Insurance
En banc state high court answers question raised in federal lawsuit filed by mass shooting victim's family. In consideration of the whole text of a Nevada statute that provides immunity to firearm manufacturers and distributors, the legislative histo...
STATUTES OF LIMITATIONS AND REPOSE—MEDICAL DEVICES—E.D.Ky.: Certification of statute of limitations/tolling question previously settled by the Sixth Circuit rejected
December 3, 2021
Harold S. Berman, J.D.
A mesh device manufacturer could not certify its question concerning tolling of the statute of limitations to the state supreme court because a federal court of appeals already had determined the issue based on state court precedent. A pelvic mesh de...
WARNINGS ISSUES—DRUGS—E.D.N.Y.: Conclusory allegations result in dismissal of failure to warn suit against drug manufacturer
December 3, 2021
Susan L. Smith, J.D., M.A.
Nearly all of the side effects that a woman allegedly suffered as a result of taking an antipsychotic medication were listed on the drug’s FDA-approved package insert. A woman who filed an amended complaint against a pharmaceutical company for its fa...
NOTICES—CIVIL PENALTIES—CPSC adjusts civil penalty amounts for inflation
December 3, 2021
Susan Lasser, J.D.
The increase in the maximum civil penalties for violations of the Consumer Product Safety Act, the Flammable Fabrics Act, and the Federal Hazardous Substances Act will become effective after January 1, 2022. In accordance with the Consumer Product Sa...
NHTSA NEWS—MOTOR VEHICLES—Honda recalls over 724K vehicles due to risk of hood opening while driving
December 3, 2021
Susan Engstrom
Dealers will repair the hood latch striker or replace the hood. Honda (American Honda Motor Co.) is recalling about 724,826 2019 Passport, 2016-2019 Pilot, and 2017-2020 Ridgeline vehicles because the hood latch striker may become damaged and separat...
NHTSA NEWS—MOTOR VEHICLES—Possible lack of acceleration prompts recall of Yamaha motorcycles
December 3, 2021
Susan Engstrom
A previous recall remedy may prevent the engine from accelerating as intended. Yamaha Motor Corp., USA (Yamaha) is recalling around 2,462 2016-2021 FJR13 motorcycles because the engine control unit (ECU) programming installed under NHTSA Recall No. 2...
NHTSA NEWS—COMMENT CALENDAR—NHTSA actions open for public comment
December 3, 2021
WK Editorial Staff
National Highway Traffic Safety Administration actions, with links to source documents, are open for public comment until the dates indicated. As detailed in previous Products Liability Law Daily stories, the following National Highway Traffic Safety...
NHTSA NEWS—ODI INVESTIGATIONS—ODI asked to investigate need for semi-trailer side underride guards
December 3, 2021
Susan Lasser, J.D.
The petitioners point to the high number of annual deaths and serious injuries resulting from collisions with semi-trailers that lack side underride guards. The National Highway Traffic Safety Administration’s (NHTSA) Office of Defects Investigation ...
Products Liability & Insurance
A jury finding that despite its compliance with FMVSS, Honda’s detachable anchor seat belt system was negligently and defectively designed was upheld on appeal. A passenger who was seriously injured when the minivan in which she was riding was struck...
STRATEGIC PERSPECTIVES—Law firm profitability, tech innovation, and adopting best practices illuminated in fireside chat at ARK innovation conference
December 2, 2021
Brad Rosen, J.D.
Two legal innovation experts engage in a lively one-on-one talk focused on organizational transformation, operational efficiencies, and building deeper client relationships at an industry summit. In a spirited and informative fireside chat, Dean Sond...
DAMAGES—WEAPONS AND FIREARMS—E.D.Tenn.: Gun owner states plausible punitive damages claim against non-manufacturing firearms importer, distributor
December 2, 2021
Pamela C. Maloney, J.D.
A jury must determine whether the importer and the distributor of a pistol had actual knowledge of the firearm’s drop-fire defect, rendering them liable for punitive damages. In a case in which a gun owner’s pistol fired when it was dropped and hit t...
DESIGN AND MANUFACTURING DEFECTS—INDUSTRIAL AND COMMERCIAL EQUIPMENT—S.D.Tex.: Court limits claims in John Deere excavator injury case
December 2, 2021
Kenneth H. Ryesky, M.B.A., J.D.
A construction site supervisor plausibly pleaded strict products liability and negligence claims for design and marketing/failure-to-warn defects relating to the accident excavator. A federal district court in Texas has sustained the strict products ...
CPSC NEWS—CHILDREN’S PRODUCTS—HALO recalls children’s projector flashlights for ingestion, choking hazards
December 2, 2021
Susan Engstrom
The flashlights, which contain button cell batteries, were included in care packages distributed to hospitals and healthcare facilities. HALO Branded Solutions Inc., of Sterling, Illinois, is recalling about 82,500 Projector Flashlights (included as ...
NHTSA NEWS—MOTOR VEHICLES—Ford recalls nearly 115K vehicles due to risk of reduced braking performance
December 2, 2021
Susan Engstrom
Faulty rear brake linings may increase the risk of a crash. Ford Motor Co. (Ford) is recalling around 114,996 2021-2022 Bronco Sport and Escape vehicles because the rear brake linings may have been manufactured incorrectly, which can affect braking p...
NHTSA NEWS—MOTOR VEHICLES—Risk of seat base fracturing prompts recall of Harley-Davidson motorcycles
December 2, 2021
Susan Lasser, J.D.
Dealers will replace the seat base on affected motorcycles free of charge. Harley-Davidson Motor Company (Harley-Davidson) is recalling about 2,689 2021 Pan America RA1250S and RA1250 motorcycles because the seat base may not be fastened properly, wh...
NHTSA NEWS—COMMENT CALENDAR—NHTSA actions open for public comment
December 2, 2021
WK Editorial Staff
National Highway Traffic Safety Administration actions, with links to source documents, are open for public comment until the dates indicated. As detailed in previous Products Liability Law Daily stories, the following National Highway Traffic Safety...
Products Liability & Insurance
The exclusion of the expert’s opinions on the design of a spare tire jack and the manufacturer’s intent was upheld on appeal. The dismissal of an automobile owner’s products liability lawsuit against BMW of North America, LLC was affirmed in an unpub...
STATUTES OF LIMITATIONS AND REPOSE—MOTOR VEHICLES—E.D.N.C.: North Carolina statute of repose bars suit against Harley-Davidson for man's injuries in motorcycle crash
December 1, 2021
Kenneth H. Ryesky, M.B.A., J.D.
The man's arguments to apply Pennsylvania's strict liability laws were unsuccessful. A federal district court in North Carolina dismissed a case against a motorcycle manufacturer by a man who was seriously injured when his father's motorcycle, upon w...
FINAL RULES—MOTOR VEHICLES—NHTSA makes corrections to new 3-year-old test dummy specs
December 1, 2021
Susan Lasser, J.D.
The agency has granted a petition for reconsideration and corrected errors in the regulatory text brought to its attention by the petitioner. In response to a petition for reconsideration relating to a National Highway Traffic Safety Administration (...
NOTICES—MOTOR VEHICLES—NHTSA seeks comments on information collection relating to safety ratings
December 1, 2021
Susan Engstrom
The research results will be used to inform labeling requirement proposals and communications for the agency’s New Car Assessment Program, also known as the Government 5-Star Safety Ratings Program. The National Highway Traffic Safety Administration ...
CPSC NEWS—ELECTRONIC PRODUCTS—Over 301K wireless earphones recalled by E-filliate due to burn, fire hazards
December 1, 2021
Susan Engstrom
The firm has received five reports of fires and four reports of minor burn injuries associated with the product. E-filliate Inc., of Rancho Cordova, California, is recalling about 301,800 DEWALT® Jobsite Pro Wireless Earphones because they can overhe...
NHTSA NEWS—MOTOR VEHICLES—BMW vehicles recalled again due to EGR cooler issue
December 1, 2021
Susan Lasser, J.D.
The recall includes all vehicles previously recalled under a 2018 recall, and those vehicles will need to have the new remedy performed under this latest recall. BMW of North America, LLC (BMW) is recalling approximately 50,404 2013-2018 328d, 328d x...
NHTSA NEWS—MOTOR VEHICLES—Chrysler recalls Ram 1500 pickup trucks over rearview image display failure
December 1, 2021
Susan Lasser, J.D.
The affected vehicles do not comply with the federal safety standard governing motor vehicle rear visibility. Chrysler (FCA US, LLC) is recalling about 38,157 2021 Ram 1500 pickup trucks because the Trailer Reverse Steering Control Module (TRSCM) may...
NHTSA NEWS—COMMENT CALENDAR—NHTSA actions open for public comment
December 1, 2021
WK Editorial Staff
National Highway Traffic Safety Administration actions, with links to source documents, are open for public comment until the dates indicated. As detailed in previous Products Liability Law Daily stories, the following National Highway Traffic Safety...
Products Liability & Insurance
The court also was asked to determine whether causation could be shown if the prescribing doctor would have adopted a different course of testing or mitigation, while still prescribing the same drug. The U.S. Court of Appeals for the Eleventh Circuit...
JURY VERDICTS—MOTOR VEHICLE EQUIPMENT—S.C.Com. Pleas: Tire manufacturer not liable for motorcycle crash, jury finds
November 30, 2021
Susan L. Smith, J.D., M.A.
A South Carolina jury concluded that a couple failed to prove by a preponderance of the evidence that the manufacturer’s tire was defective or that the company breached any express warranty or implied warranty of merchantability. A couple who alleged...
STATUTES OF LIMITATIONS AND REPOSE—MOTOR VEHICLES—S.D.N.Y.: GM granted partial win in Chevy Impala defective ignition switch case
November 30, 2021
Kenneth H. Ryesky, M.B.A., J.D.
GM's motion for summary judgment on a wrongful death claim was granted to the extent that the claim entailed defective product design. The product development and design occurred in Michigan, whose statute of limitations was applicable. In one of the...
NHTSA NEWS—MOTOR VEHICLE EQUIPMENT—Chrysler recalls high pressure fuel pumps and engines due to stall risk
November 30, 2021
Joe Cox, J.D.
Dealers will repurchase the affected fuel pumps and engines. Chrysler (FCA US, LLC) is recalling about 4,132 Mopar High Pressure Fuel Pumps and certain Mopar 6.7L Cummins Turbo Diesel engines because the high pressure fuel pump may fail, resulting in...
NHTSA NEWS—MOTOR VEHICLES—Danger of aerial device pedestal separating from truck frame prompts recall by Altec Industries
November 30, 2021
Susan Lasser, J.D.
The company will repair the affected mounting frame side plates or provide customers with a repair kit. Altec Industries, Inc. (Altec) is recalling about 4,055 2012-2016 AT200A aerial devices because cracks may develop in the legs of the mounting fra...
NHTSA NEWS—MOTOR VEHICLES—Honda issues recall due to a malfunctioning seat belt retractor
November 30, 2021
Susan Lasser, J.D.
The vehicles do not comply with the federal motor vehicle safety standard for occupant crash protection; and dealers will replace the affected seat belt assembly free of charge. Honda (American Honda Motor Co.) is recalling about 4,346 2021 Accord Se...
NHTSA NEWS—MOTOR VEHICLES—Steering wheel bolt problems lead to recall of Isuzu vehicles
November 30, 2021
Joe Cox, J.D.
Dealers will replace faulty right and left side stopper bolt jam nuts and clean or replace the extensions. Isuzu Technical Center of America, Inc. (Isuzu) is recalling approximately 5,700 2018-2021 Isuzu FTR and 2018-2021 Chevrolet 6500XD vehicles be...
CPSC NEWS—COMMENT CALENDAR—CPSC actions open for public comment
November 30, 2021
WK Editorial Staff
Consumer Product Safety Commission actions, with links to source documents, are open for public comment until the dates indicated. As detailed in previous Products Liability Law Daily stories, the following Consumer Product Safety Commission actions ...
INDUSTRY NEWS—LAW FIRM NEWS—Weber Gallagher welcomes three attorneys to Litigation practice in New York
November 30, 2021
WK Editorial Staff
One of the new partners, Theodore M. Eder, brings extensive products liability experience. Partners Theodore M. Eder and Thomas W. Park, as well as associate James M. French, have joined Weber Gallagher’s Litigation practice in the firm’s New York of...
Products Liability & Insurance
TOP STORY—MOTOR VEHICLES—Utah App.: New trial grant upheld in Hyundai car fire case
The vehicle owners failed to disclose prior to trial a key portion of their experts’ opinions on the cause of the fire. The Utah Court of Appeals has affirmed a trial court’s grant of a motion for a new trial in a products liability case involving a ...
EVIDENTIARY ISSUES—DRUGS—S.D.Fla.: Court agrees social media deep dive ‘not worth the candle’ in Zantac® class action
November 29, 2021
Leah S. Poniatowski, J.D.
Drug manufacturers’ motion to compel was denied because a broad search across multiple platforms was not proportional or necessary to conduct a reasonable inquiry under applicable federal rules. A group of ten consumers in a class action lawsuit alle...
STATUTES OF LIMITATIONS AND REPOSE—INDUSTRIAL AND COMMERCIAL EQUIPMENT—D.S.C.: No new trial for worker injured in ladder fall
November 29, 2021
Kenneth H. Ryesky, M.B.A., J.D.
The worker failed to show that the court erred in finding his suit time-barred under North Carolina’s six-year statute of repose. In an action brought against a ladder manufacturer by a worker who was injured when the ladder on which he was standing ...
CPSC NEWS—SPORTS AND RECREATIONAL EQUIPMENT—Impact injury hazard prompts Impex Fitness to recall dumbbell handles
November 29, 2021
Susan Engstrom
The firm will provide a free replacement set of locking collars. Chi Hsin Impex Inc., d/b/a Impex Fitness, of Pomona, California, is recalling approximately 77,200 Olympic Dumbbell Handles because the locking collars on the dumbbell handles can slip,...
NHTSA NEWS—MOTOR VEHICLES—Alfa Romeo vehicles recalled over leaky fuel line sensor housing
November 29, 2021
Susan Lasser, J.D.
After inspection, dealers will replace the fuel line sensor housing if necessary. Chrysler (FCA US, LLC) is recalling about 11,419 2020-2021 Alfa Romeo Stelvio and Alfa Romeo Giulia vehicles because the fuel line sensor housing may crack and leak fue...
NHTSA NEWS—MOTOR VEHICLES—Daimler Trucks recalls Western Star vehicles due to fire risk created by power stud-related electrical arcing
November 29, 2021
Susan Lasser, J.D.
The recall supersedes a previous, related recall; and vehicles that were inspected under the earlier recall must return for the new remedy. Daimler Trucks North America LLC (DTNA) is recalling approximately 7,128 2017-2019 Western Star 4700, 4900, 57...
NHTSA NEWS—MOTOR VEHICLES—Volkswagen recalls Atlas vehicles over possible inadvertent air bag deployment issue
November 29, 2021
Susan Lasser, J.D.
Blocked AC drain tube can lead to a water leak that could damage the air bag control module. Volkswagen Group of America, Inc. (Volkswagen) is recalling approximately 54,429 2021 Atlas and 2020-2021 Atlas Cross Sport vehicles because the air conditio...
CPSC NEWS—COMMENT CALENDAR—CPSC actions open for public comment
November 29, 2021
WK Editorial Staff
Consumer Product Safety Commission actions, with links to source documents, are open for public comment until the dates indicated. As detailed in previous Products Liability Law Daily stories, the following Consumer Product Safety Commission actions ...