Products Liability & Insurance
Products Liability & Insurance
An injured patient failed to raise any genuine disputes of material fact regarding his failure to warn and design defect claims against the manufacturer. In an action stemming from complications a patient experienced following the implantation of an ...
The patient plausibly alleged a manufacturing defect involving a surgical stapler that misfired during colon surgery. A federal district court in Louisiana concluded that a patient who allegedly received injuries after a surgical stapler misfired dur...
A smoker’s fraudulent concealment claims against other properly joined tobacco companies could succeed; therefore, removal of the case was barred by the forum defendant rule. In an action brought by a smoker against several tobacco companies alleging...
Dealers will repair or replace the awning fabric, as needed. Jayco, Inc. is recalling approximately 11,532 2022-2023 Eagle, Eagle HT, Jayflight, Jayflight SLX, North point, Pinnacle, and Seismic travel trailers because the electric retractable awning...
Dealers will repair or replace the awnings without charge. Heartland Recreational Vehicles, LLC (Heartland) is recalling about 5,446 2022 Cyclone, Elk Ridge, Fuel, Milestone, North Trail, 2022-2023 Big Horn Traveler, Gravity, Lithium, Mallard, Pionee...
Dealers will remedy the issue by updating the CVT-ECU software in the affected vehicles. Mitsubishi Motors North America, Inc. (MMNA) is recalling approximately 76,508 2019-2022 Outlander Sport vehicles equipped with continuously variable transmissio...
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 ...
Eighty-one percent of generator-related deaths occur in residential locations, according to the report. Last week, the Consumer Product Safety Commission (CPSC) released a new report on carbon monoxide (CO) poisoning deaths associated with portable g...
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 manufacturer will provide a free replacement skateboard footpad, including free shipping and installation instructions. Future Motion Inc., of Santa Cruz, California, is recalling an estimated 20,500 Footpads for Onewheel GT Electric Skateboards ...
The court declined to permit joinder of service and repair companies and their predecessors, dismissing them without prejudice to the injured man’s right to proceed against them in state court. In a lawsuit by a man who was severely burned when his r...
An injured crane operator failed to establish that the court had personal jurisdiction over the manufacturer of an allegedly defective crane heater that caused the operator to be electrocuted. In an action brought against the manufacturer of a portab...
Second Circuit sends medical device claims brought under Connecticut’s state tort law back to lower court. Following the Connecticut Supreme Court’s analysis that Connecticut tort law allowed for claims against a device maker for (1) failure to repor...
The company will provide space guards free of charge to correct any hazardous gap. Residential Elevators, Inc., of Tallahassee, Florida, is recalling approximately 31,000 home elevators because young children can become entrapped in the space between...
Dealers will replace the faulty kits. Harley-Davidson Motor Company (Harley-Davidson) is recalling approximately 2,055 Detachable Tour-Pak Luggage Carrier Conversion Kits with part numbers 53000916 and 53000917, installed on 2014-2022 Touring and CVO...
The remedy is currently under development. Daimler Trucks North America, LLC (DTNA) is recalling about 1,375 2023 Freightliner 108SD, 114SD, Business Class M2, Cascadia, 2023 Freightliner FCCC MC, MT45, S2C 106CAB, XCM, S2RV 106CAB, XCR, XCS, and 202...
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 ...
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...
Over 190K vehicles are at issue in the agency’s inquiry. The National Highway Traffic Safety Administration’s (NHTSA) Office of Defects Investigation (ODI) has opened a preliminary evaluation (PE) of complaints ODI has received concerning an estimate...
Products Liability & Insurance
A federal appellate court reversed a lower court’s summary judgment ruling favoring the manufacturer of a French press coffee maker in a manufacturing defect case stemming from a child’s burn injuries. A couple whose young child sustained disfiguring...
However, under Arizona law, the expert’s testimony relating to the adequacy of the device’s IFU were relevant to a design defect claim under a risk-benefit analysis. A federal district court in Arizona has granted in part and denied in part the motio...
After reconsidering its previous decision, the court found that there were questions of material fact as to whether the seller exercised reasonable care in marketing the fan as an exact replacement for another model. A federal district court in Georg...
The collection ensures that motor vehicles and items of equipment subject to federal safety, bumper, and theft prevention standards are lawfully imported into the U.S. The National Highway Traffic Safety Administration (NHTSA) is requesting public co...
Dealers will replace the front passenger air bag module. Volkswagen Group of America, Inc. (Volkswagen) is recalling about 1,216 2016 Audi TT Roadster, TT Coupe, S3 Sedan, R8 Coupe, A3 Sedan, A3 Etron, A3 Cabriolet, 2016 Golf Sportswagen, Golf R, Gol...
Dealers will replace the awnings as needed. KZRV, L.P. is recalling around 4,449 2022-2023 Connect, Confluence, Durango, Durango Gold, Sonic, Sportsmen, Sportsmen Classic, Sportsmen Sportster, SportTrek, Spree Escape, and Venom travel trailers becaus...
Dealers will replace the roof module switch. Volkswagen Group of America, Inc. (Volkswagen) is recalling approximately 2,238 2022 Golf R A8 and Golf GTI vehicles because the touch switch for the sunroof may be too sensitive, allowing it to be inadver...
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 ...
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 admission into evidence of a warning label of a different drug the patient was taking was not manifest error. A federal district court in Illinois denied a new trial to a patient who claimed that a testosterone replacement therapy drug he had bee...
Expert opinions against the seller of an allegedly dangerous ladder were found to be reliable because they were based on relevant expertise, data, a detailed inspection of the subject incident, and generally accepted methods for hazard evaluation. In...
The patient failed to meet pleading requirements on breach of warranty and negligent misrepresentation claims. A patient who alleged that a drug manufacturer made negligent misrepresentations about its drug for Lyme disease treatment, failed to adequ...
The agenda includes regulatory actions relating to portable generators, table saws, furniture tip-overs relating to clothing storage units, magnets, and recreational off-road vehicles. The Consumer Product Safety Commission (CPSC) has published its s...
The remedy is under development. Cummins, Inc. is recalling about 12,196 X15, X12, L9, and B6.7 diesel engines because the engine control module (ECM) may experience an internal electrical short circuit, causing the engine to stall. An unexpected eng...
Dealers will replace the alternator positive and ground cables and relocate the alternator ground to the starter. Navistar, Inc. is recalling approximately 8,483 2018-2021 International LoneStar and 2016-2021 International LT vehicles because the cab...
A detached plate could strike and injure an occupant in the event of a crash. Kia America, Inc. (Kia) is recalling around 257,998 2012-2013 Optima vehicles because the right and left headliner plates may not be secured properly, which can result in t...
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 ...
Agency staff invites interested parties to attend and participate in the forum in person or via webinar. The Consumer Product Safety Commission (CPSC) will hold a roundtable discussion for CPSC requesters and Freedom of Information Act (FOIA) Office ...
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
A seller failed to raise a triable question of fact as to whether DuPont was liable for the seller’s dryers catching fire because the seller lacked evidence to support that DuPont either manufactured an allegedly defective dryer component or controll...
The economic loss rule applied to the flooded house, the damaged items within it, and lost rental income, thus prohibiting recovery against the manufacturer. In a subrogation action against the manufacturer of a toilet plumbing product that allegedly...
An injured user was entitled to disclosure of the source code only for the model of the one-wheel electric skateboard involved in his injury, subject to inspection protocols to prevent inadvertent disclosure. A federal district court in Florida grant...
The agency is considering whether the revision improves the safety of the infant products. The Consumer Product Safety Commission (CPSC) has announced the availability of a revision to the voluntary ASTM standard for gates and enclosures. CPSC’s mand...
The recall supersedes and expands a previous recall relating to the same defect. Forest River, Inc. is recalling about 49,295 2022-2023 Coachmen Catalina, Cross Trail, Pursuit, Sportscoach, East to West Della Terra, Silver Lake, Forest River Forester...
The faulty rear turn signals will be replaced as necessary by dealers. Jaguar Land Rover North America, LLC (Jaguar) is recalling approximately 5,297 2021-2022 Jaguar F-PACE vehicles because the incorrect tail lights may have been installed, resultin...
Dealers will replace the steering gears as needed. PACCAR Incorporated is recalling around 47,513 2022-2023 Kenworth T170, T270, T280, T370, T380, T440, T470, T480, T680, T800, T880, W900, W990, C500, and 2022-2023 Peterbilt 325, 330, 337, 348, 365, ...
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 ...
The meeting will be open to the public. The Consumer Product Safety Commission (CPSC) will meet on Wednesday, August 10, 2022, at 10:00 a.m. to address a decisional matter regarding CPSC’s Draft Strategic Plan 2023-2026. The meeting will be held remo...
Attendance may be virtual or in-person. The Consumer Product Safety Commission (CPSC) will hold a workshop on October 13, 2022, from 9 a.m. to 4 p.m. Eastern Time, to discuss the upcoming test (Beta Pilot Test) of electronic filing (eFiling) of certi...
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...