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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 ...
Products Liability & Insurance
In reaching its conclusion, the state supreme court disapproved the three certified conflict cases of Allen Evers , and Konzelman reached by the Florida First, Second, and Fourth District Courts of Appeal. A Florida punitive damages statute, as amend...
STRATEGIC PERSPECTIVES—WK Future Ready Lawyer Survey adds insights to summit talk on in-house, outside counsel relationships in life sciences sector
November 19, 2021
Thomas Long, J.D.
Panelists discuss trends, tips for deploying legal technology as organizations prepare for a post-pandemic world. At a November 10 session of the third annual dLaw Life Sciences Summit, Ken Crutchfield, Vice President & General Manager of Legal Marke...
NOTE TO SUBSCRIBERS
November 19, 2021
Products Liability Law Daily will not publish next week due to the Thanksgiving Day holiday. However, we will issue breaking news alerts if there are major developments during this period. We will resume publication on Monday, November 29, with the e...
NOTICES—MOTOR VEHICLE EQUIPMENT—Michelin petitions NHTSA for inconsequential noncompliance determination relating to petition from Michelin relating to tires with inverted identification code
November 19, 2021
Susan Lasser, J.D.
The tire maker argues that the TIN marking noncompliance does not create any operational safety risk for the vehicle and the tires comply with applicable federal motor vehicle safety standards and all other applicable regulations. Michelin North Amer...
NOTICES—MOTOR VEHICLE EQUIPMENT—Transamerica Tire seeks inconsequential noncompliance determination for Transeagle ST tires
November 19, 2021
Susan Engstrom
Although the Tire Identification Number on the subject tires contains an incorrect manufacturer’s code, the tires meet all performance standards and can be identified in the event of a recall, the petitioner asserts. The National Highway Traffic Safe...
CPSC NEWS—MOTOR VEHICLES—Recreational off-road vehicles recalled by American Honda due to crash, injury hazards
November 19, 2021
Susan Engstrom
Dealers will provide a free inspection and repair. American Honda Motor Co. Inc., of Torrance, California, is recalling around 1,400 Honda Pioneer and Talon recreational off-road vehicles because they can lose steering function, posing crash and inju...
NHTSA NEWS—MOTOR VEHICLES—Chrysler recalls nearly 100,000 vehicles over air bag issues
November 19, 2021
Joe Cox, J.D.
Dealers will reprogram the occupant restraint controller. Chrysler (FCA US, LLC) is recalling approximately 99,255 2021 Jeep Grand Cherokee L, 2022 Jeep Wagoneer, and Grand Wagoneer vehicles because the occupant restraint controller may have incorrec...
NHTSA NEWS—MOTOR VEHICLES—Oshkosh recalls S-series concrete mixer vehicles due to power steering pump problems
November 19, 2021
Joe Cox, J.D.
Owners may either inspect and replace the pump or contact an Oshkosh service center for the inspection and repair. Oshkosh Corporation is recalling about 563 2020-2021 S-series vehicles because a machining defect may cause pressure to build in the po...
NHTSA NEWS—MOTOR VEHICLES—Possible tear in driver’s air bag cushion prompts Tesla to recall Model X, Model S vehicles
November 19, 2021
Joe Cox, J.D.
Tesla Service will replace the defective air bags. Tesla, Inc. is recalling about 7,600 2021 Model X and Model S vehicles because the driver’s air bag cushion may tear during deployment and, thus, may not adequately protect an occupant in a crash, in...
CPSC NEWS—COMMENT CALENDAR—CPSC actions open for public comment
November 19, 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 ...
CPSC NEWS—HOUSEHOLD PRODUCTS—CPSC provides guidelines for celebrating safely this holiday season
November 19, 2021
WK Editorial Staff
New data highlight risks such as unsafe toys, flammable decorations, and cooking fires. With the holidays approaching, the Consumer Product Safety Commission (CPSC) is advising consumers to take precautions to avoid potential dangers associated with ...
NHTSA NEWS—ODI INVESTIGATIONS—NHTSA asked to investigate alleged oil pressure switch defect in Kia Sorento vehicles
November 19, 2021
Susan Lasser, J.D.
According to the petitioner, the condition can result in the affected vehicle stalling without warning. The National Highway Traffic Safety Administration’s (NHTSA) Office of Defects Investigation (ODI) has opened a defect petition (DP) to evaluate a...
Products Liability & Insurance
The standard now includes parking brake mechanism test methods. The Consumer Product Safety Commission (CPSC) has published a direct final rule revising the agency’s mandatory standard for strollers and carriages to incorporate by reference the most ...
JURISDICTION—DRUGS—S.D.Ill.: Bladder cancer patient’s lawsuit against ranitidine manufacturers, retailers remanded to state court
November 18, 2021
Kenneth H. Ryesky, M.B.A., J.D.
Walmart failed to keep the claimant’s cause of action in federal court. A federal district court in Illinois remanded a consumer’s lawsuit alleging that her bladder cancer was caused by ranitidine, a heartburn medication she had been taking during a ...
CPSC NEWS—HOUSEHOLD PRODUCTS—Amazon recalls over 15K mattresses for violation of federal flammability standard
November 18, 2021
Susan Engstrom
The company will provide a cover for the mattress to bring it into compliance. Amazon.com Services LLC, of Seattle, Washington, is recalling about 15,300 AmazonBasics Memory Foam Mattresses because they fail to meet the mandatory federal flammability...
CPSC NEWS—HOUSEHOLD PRODUCTS—Nearly 300K evaporator coil drain pans recalled due to fire hazard possibility
November 18, 2021
Susan Lasser, J.D.
Consumers should contact the manufacturer to register for a free repair by a qualified technician. Goodman Manufacturing Company L.P., of Houston, Texas, has recalled about 298,300 evaporator coil drain pans that were installed with residential conde...
NHTSA NEWS—MOTOR VEHICLE EQUIPMENT—American Chrome recalls hubcap kits due to compression spring separation issues
November 18, 2021
Joe Cox, J.D.
The company will work with affected automakers to have the hubcap removed. American Chrome Company (ACC) is recalling about 1,357 One Piece Hub Cap Kits specifically for certain Volvo and Mack vehicles because the hubcap compression spring may cause ...
NHTSA NEWS—MOTOR VEHICLES—Risk of unexpected engine shutdown prompts Navistar to recall school buses
November 18, 2021
Joe Cox, J.D.
A disabled school bus may require evacuation in an uncontrolled traffic situation, increasing the risk of injury to passengers. Navistar, Inc. is recalling approximately 7,004 2020-2023 IC CE school buses because the engine control module (ECM) may s...
CPSC NEWS—COMMENT CALENDAR—CPSC actions open for public comment
November 18, 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 ...
NHTSA NEWS—ODI INVESTIGATIONS—NHTSA closes investigation into crashworthiness of Britax car seats
November 18, 2021
WK Editorial Staff
There was only one report of a structural failure, and the cause was never determined. The National Highway Traffic Safety Administration (NHTSA) reported on its website that the Office of Defects Investigation (ODI) has closed a Preliminary Evaluati...
Products Liability & Insurance
A worker who sustained serious injuries in a transloader accident presented sufficient evidence to raise questions of fact as to whether the machine had been negligently and defectively designed and whether alleged defects caused the accident. Whethe...
STATUTES OF LIMITATIONS AND REPOSE—MOTOR VEHICLES—S.D.Ill.: Design defect claims against ATV seller dismissed as time-barred
November 17, 2021
Wendy Biddle, J.D.
The seller did not have notice that the ATV’s design was at issue in the original complaint, and the facts in the amended complaint were too different to relate back to the original one. In a products liability suit brought by a consumer who was inju...
NHTSA NEWS—MOTOR VEHICLES—Chrysler recalls over 222K vehicles due to high pressure fuel pump failure
November 17, 2021
Susan Lasser, J.D.
The company’s remedy includes replacing the high pressure fuel pump and updating the powertrain control module software as necessary. Chrysler (FCA US, LLC) is recalling about 222,410 2019-2020 Ram 2500, 3500 pickup trucks, and Ram 3500, 4500, and 55...
NHTSA NEWS—MOTOR VEHICLES—Daimler recalls school buses due to possible loose alternator power cable connection
November 17, 2021
Joe Cox, J.D.
Dealers will inspect the alternator power cable connection and tighten it, if necessary. Daimler Trucks North America, LLC (DTNA) is recalling approximately 1,434 2020-2022 Thomas Built EFX and HDX school buses because the nut for the power cable stu...
NHTSA NEWS—MOTOR VEHICLES—Recall of Audi vehicles over disabled airbag issue expanded
November 17, 2021
Susan Lasser, J.D.
Owners of Audi vehicles previously repaired under the earlier recall must return the vehicles for the new remedy. Volkswagen Group of America, Inc. (Audi) is recalling approximately 208,332 2017-2020 A4 Allroad, A4 Sedan, 2018-2019 RS5 Coupe, 2019 RS...
CPSC NEWS—COMMENT CALENDAR—CPSC actions open for public comment
November 17, 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 ...
NHTSA NEWS—MOTOR VEHICLES—NHTSA consumer alert urges vehicle owners to report safety issues
November 17, 2021
WK Editorial Staff
The agency provides instructions on how to report potential defects and check for recalls. The National Highway Traffic Safety Administration (NHTSA) is encouraging consumers to report any issue with their vehicle that they think might be a safety de...
NHTSA NEWS—ODI INVESTIGATIONS—Petition seeks investigation of alleged throttle control system defects
November 17, 2021
Susan Lasser, J.D.
An estimated six million vehicles could be affected. The National Highway Traffic Safety Administration’s (NHTSA) Office of Defects Investigation (ODI) has opened a defect petition (DP) to evaluate an allegation of throttle control system vulnerabili...
Products Liability & Insurance
The jury awarded a clean sweep to the sergeant plaintiff, finding 3M guilty as charged on all counts and awarding the sergeant more than $13 million in damages. A federal jury in Florida has awarded an Army sergeant who used 3M Company’s dual-ended c...
DESIGN AND MANUFACTURING DEFECTS—SPORTS AND RECREATIONAL EQUIPMENT—E.D.Mo.: Claims for wrongful death in Jordan restaurant to be decided under Missouri law
November 16, 2021
Kenneth H. Ryesky, M.B.A., J.D.
The claims arose from the death of a boy who was electrocuted while playing on the restaurant’s playground equipment. A federal district court in Missouri allowed some of the wrongful death claims brought by the parents of a boy who was electrocuted ...
PREEMPTION—DRUGS—E.D.Pa.: Design defect claims against shingles vaccine maker survive summary judgment
November 16, 2021
Sara Cracau, J.D.
The manufacturer failed to demonstrate that the state law claims were preempted by federal law. A federal district court in Pennsylvania has denied a vaccine manufacturer’s summary judgment motion based on preemption of state design defect claims inv...
NHTSA NEWS—MOTOR VEHICLES—Possible fuel pump failure in Mazda vehicles prompts recall
November 16, 2021
Susan Lasser, J.D.
Dealers will replace the fuel pumps in affected vehicles, free of charge. Mazda North American Operations (Mazda) is recalling about 121,038 2018 Mazda3, Mazda6, 2019 CX-3, 2018-2019 MX-5, CX-5, CX-9, and 2019-2020 Mazda2 vehicles because the impelle...
NHTSA NEWS—MOTOR VEHICLES—Volvo VNL trucks recalled due to power steering issue
November 16, 2021
Susan Lasser, J.D.
Dealers will replace the recalled vehicles’ power steering pump. Volvo Trucks North America (Volvo Trucks) is recalling about 3 2021 VNL vehicles because a machining defect may cause pressure to build in the power steering pump, breaking the shaft se...
CPSC NEWS—COMMENT CALENDAR—CPSC actions open for public comment
November 16, 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 ...
CPSC NEWS—HOUSEHOLD PRODUCTS—CPSC urges holiday shoppers to purchase anchoring kits for TVs, furniture
November 16, 2021
WK Editorial Staff
The agency provides instructions on how to install the kits, as well as other ways to prevent tip-over incidents. Noting that holiday shopping deals for big-ticket items like TVs and furniture are underway, the Consumer Product Safety Commission (CPS...