Subscribe: LexisNexis® Mealey's™ Product Liability Legal News
http://feeds.feedburner.com/ProductLiabilityLegalNews
Added By: Feedage Forager Feedage Grade B rated
Language: English
Tags:
court  dec  dist lexis  federal judge  federal  full story  full  judge  lexis full  lexis  manufacturer  story lexis  story 
Rate this Feed
Rate this feedRate this feedRate this feedRate this feedRate this feed
Rate this feed 1 starRate this feed 2 starRate this feed 3 starRate this feed 4 starRate this feed 5 star

Comments (0)

Feed Details and Statistics Feed Statistics
Preview: LexisNexis® Mealey's™ Product Liability Legal News

LexisNexis® Mealey's™ Product Liability Legal News



Headline Product Liability Legal News from LexisNexis®



 



Panel Transfers Lead In Children's Toys Cases To Illinois Court
CHICAGO - The Judicial Panel on Multidistrict Litigation on Dec. 19 issued a transfer order coordinating 14 actions involving high lead levels in children's toys to the U.S. District Court for the Northern District of Illinois (In re: RC2 Corp. Toy Lead Paint Products Liability Litigation, N.D. Ill., MDL No. 1893, 2007 U.S. Dist. LEXIS 94724). Full story on lexis.com



California Federal Judge Denies Remand Of Putative Lead Toy Class Action
SAN FRANCISCO - A California federal judge on Dec. 20 denied a plaintiff's motion for remand in a purported lead toy class action, finding that the amount in controversy warranted the case being heard in federal court (Amy Harrington v. Mattel Inc., No. C07-05110, N.D. Calif.; 2007 U.S. Dist. LEXIS 95401). Full story on lexis.com



Appellate Panel Notes Plaintiff Failed To Prove Claims, Affirms Verdict
DES MOINES, Iowa - An Iowa appeals panel affirmed a district court on Jan. 16, granting defendant Ford Motor Co. a directed verdict in a case involving a pickup truck fire (Robert Ayers v. Ford Motor Co., No. 7-768, Iowa App.; 2008 Iowa App. LEXIS 3). Full story on lexis.com



Mitsubishi Motors Faces Defective Design Claims In Texas Federal Court
MARSHALL, Texas - A Texas couple filed a complaint in federal court on Jan. 11, claiming that an auto manufacturer's defective design of a sport utility vehicle is responsible for injuries and damages incurred in a rollover accident (Theodore Steflik and Louise Steflik v. Mitsubishi Motors North America Inc., No. 2:08-cv-11, E.D. Texas). Full story on lexis.com



Auto Manufacturer Removes Defective Safety Restraint Claims To Federal Court
ATLANTA - Ford Motor Co., the defendant in a defective air bag and seat belt case, removed the action to federal court on Jan. 3, citing diversity of citizenship of the parties and the amount in controversy exceeding $75,000 (Emilee Lowe Smith and Jason Smith v. Ford Motor Co., No. 1:08-cv-18, N.D. Ga.). Full story on lexis.com



Porsche Files Motion To Dismiss Breach Of Warranty Complaint
MIAMI - A sports car manufacturer filed a motion to dismiss on Jan. 11 in a case alleging breach of written warranty, arguing that it did not sell the convertible in question to the plaintiff (Alexander Zelyony v. Porsche Cars North America Inc., No. 08-20090, S.D. Fla.). Full story on lexis.com



Biker Fails In Bid To Have Defective Cycle Claim Remanded
ASHEVILLE, N.C. - A judge on Dec. 26 decided that the amount of damages that an injured motorcycle rider could collect from a motorcycle dealer defendant were so minimal that federal jurisdiction still applies and denied the plaintiff's motion for remand (James R. Arndt and Linda Arndt v. Extreme Motorcycles and American IronHorse Motorcycle Co., No. 1:07cv302, W.D. N.C.; 2007 U.S. Dist. LEXIS 95625). Full story on lexis.com



Iowa Man's Defective Bicycle Case Remanded; Jurisdiction Limit Cited
DES MOINES - A federal judge agreed to remand a defective bicycle case to state court on Jan. 14, accepting the plaintiff's declaration that the amount in damages that he is seeking is less than $75,000 (Tony Wenyu Wang v. Pacific Cycle Inc. and Toys R Us Delaware Inc., No. 4:07-cv-00545, S.D. Iowa, 2008 U.S. Dist. LEXIS 2754). Full story on lexis.com



Federal Judge Dismisses Part Of Class Action Involving Honda Cycles
CHICAGO - Noting that the amended complaint in a class action alleging defective Honda motorcycles does not rectify a statute of limitations issue involving one of the named plaintiffs, an Illinois federal judge dismissed part of the complaint on Jan. 17 (Ron Lantz, Dennis Gribbins, Richard Allen and Clarence Alvord, individually and on behalf of all others similarly situated v. American Honda Motor Co., No. 06-cv-5932, N.D. Ill.; 2008 U.S. Dist. LEXIS 3556). Full story on lexis.com



California Appeals Court Agrees Motorcycle Parts Did Not Come From Defendants
SAN DIEGO - A California appeals court on Jan. 2 upheld a summary judgment decision involving a fatal motorcycle crash, determining that the defendants proved that they did not manufacture or distribute an allegedly defective motorcycle part (Janice DiCola, et al. v. White Brothers Performance Products Inc., et al., No. D048643, Calif. App., 4th Dist.; 2008 Cal. App. LEXIS 1). Full story on lexis.com



Electronic Spike Testimony OK In RV Step Accident, Federal Judge Concludes
CHICAGO - A mechanical engineer is qualified, and the methodology underlying his opinion that an electronic spike caused a motor home's automatic step to retract is reliable, a federal judge held Dec. 11 in allowing his accident causation testimony (Linda Aldridge v. Forest River Inc., et al., No. 06 C 352, N.D. Ill., Eastern Div.; 2007 U.S. Dist. LEXIS 92223). Full story on lexis.com



Chlorinator Design Expert Wrongly Barred; Panel Reverses Defense Judgment
TOLEDO, Ohio - A mechanical engineer did not need experience with pool parts to opine that a chlorinator was defectively designed, a Sixth District Ohio Court of Appeals panel held Dec. 31 in reinstating products liability claims filed by a couple who was injured when a chlorinator exploded (Robert Hertzfeld, et al. v. Hayward Pool Products, No. L-07-1168, Ohio App., 6th Dist.; 2007 Ohio App. LEXIS 6213). Full story on lexis.com



Martha Stewart Living Faces Lead Poisoning Allegation In Pennsylvania
PITTSBURGH - A Pennsylvania family filed a federal complaint on Jan. 15, alleging that dinnerware manufactured by one of the biggest names in homemaking contained excess levels of lead (Michael Dombroski, a minor, and Matthew Dombroski, a minor, by and through their parents and natural guardians Sandra Jo Dombroski and Raymond Dombroski v. Martha Stewart Living Omnimedia Inc. et al., No. 2:08-cv-58, W.D. Pa.). Full story on lexis.com



Consumers File Product Liability Class Action Against Decking Manufacturer
BOSTON - A group of four consumers filed a class action lawsuit on Dec. 27 accusing a manufacturer of decking and railing products of consumer fraud, negligence and breach of contract (Terrence Fisher, et al. v. Kadant Inc., et al., No. 07-12375, D. Mass.). Full story on lexis.com



Bronchiolitis Obliterans Alleged In Colorado Product Liability, Personal Injury Popcorn Lawsuit
DENVER - A consumer who alleges that he regularly popped and ate two or three packages of microwave popcorn daily from 2001 to 2007 on Jan. 15 sued The Kroger Co. and its subsidiaries that packaged and sold the "First Choice" brand of popcorn that he preferred for personal injuries that he alleges were caused by breathing the fumes in the freshly popped corn (Wayne Watson, et uxor v. Dillon Companies, Inc., et al., No. 08-91, D. Colo.). Full story on lexis.com



Georgia Woman Files Federal Complaint, Says Juice Bottle Caused Injury
ATLANTA - A woman claiming that a defective juice bottle caused her serious and permanent eye injuries filed a federal complaint against the beverage manufacturer on Jan. 9 (Cherrie Paige Lee v. Nestle USA Inc., No. 1:08-cv-78, N.D. Ga.). Full story on lexis.com



Plaintiffs In Fatal Lift Fall Win Reversal From 8th Circuit Panel
ST. LOUIS - An Eighth Circuit U.S. Court of Appeals panel on Jan. 4 resurrected a product liability suit filed by the family of a man killed when his construction lift tipped over, finding that the trial court erroneously excluded the plaintiffs' experts and granted the manufacturer summary judgment (Sammie Sappington, et al. v. Skyjack, et al., No. 06-3855, 8th Cir.; 2008 U.S. App. LEXIS 103). Full story on lexis.com



Ford Wins Partial Summary Judgment Decision In Wrongful Death Case
ATLANTA - A federal judge granted partial summary judgment to an automobile manufacturer in a wrongful death action on Dec. 11, ruling that the plaintiffs failed to state adequate facts to support their claims (Robert A. Davenport and Masami Camp Davenport v. Ford Motor Co., No. 1:05-cv-3047, N.D. Ga.; 2007 U.S. Dist. LEXIS 91245). Full story on lexis.com



Family Of Victims Of Rollover Accident Files Federal Lawsuit
OKLAHOMA CITY - The surviving family members of three Arkansas residents killed in a sport utility vehicle rollover accident sued the vehicle's manufacturer in federal court on Dec. 28 (Ariceli Aleman et al. v. General Motors Corp., No. 5:07-cv-1450, W.D. Okla.). Full story on lexis.com



California Appeals Court Allows Class Allegations In Design Defect Case
LOS ANGELES - A California appeals court on Dec. 27 reversed a trial court decision to strike class allegations in a case alleging that design defects in Honda sport utility vehicles caused the plaintiffs' vehicles to catch fire (Betty Lou Sandsmark et al. v. American Honda Motor Corp., No. B193444, Calif. App., 2nd Dist.; 2007 Cal. App. Unpub. LEXIS 10607). Full story on lexis.com



Judge Rejects Biker's Motion To Remand On Basis Of Amount In Controversy
MONTGOMERY, Ala. - A federal judge denied an injured motorcycle rider's motion to remand on Jan. 7, accepting his initial settlement demand letter as proof that the amount in controversy exceeds $75,000 (Richard Bankhead v. American Suzuki Motor Corp., No. 07-208, M.D. Ala.; 2008 U.S. Dist. LEXIS 965). Full story on lexis.com



Tennessee Man Files Federal Complaint After Off-Road Accident
NASHVILLE, Tenn. - A man who claims to have been injured when an unstable and defective off-road vehicle rolled over, pinning him underneath, filed a complaint in federal court on Dec. 17 (Edwin R. Rutherford v. Yamaha Motor Corp. et al., No. 3:07-cv-1259, M.D. Tenn.). Full story on lexis.com



Family Has Defective Oven Case Removed To Federal Court In Alabama
MOBILE, Ala. - A Louisiana couple named as defendants in a defective and dangerous kitchen range case removed the action to federal court on Dec. 17 based on diversity of citizenship of the parties and the amount in controversy exceeding $75,000 (McKenna McBee, a minor who sues by and through her parents and next friends Craig and Kimberly McBee and Craig and Kimberly McBee individually v. Sears Roebuck & Co. et al., No. 07-860, S.D. Ala.). Full story on lexis.com



10th Circuit Reinstates $1.7M Verdict In Fatal Dishwasher Blaze
DENVER - A trial court erred in post-trial rulings that found a fire engineer's testimony unreliable and overturned a plaintiffs verdict in a defective dishwasher case, a 10th Circuit U.S. Court of Appeals panel held Dec. 5 in reinstating the $1.7 million verdict (James McCoy, et al. v. Whirlpool Corp., No. 05-3337, 10th Cir.; 2007 U.S. App. LEXIS 28234). Full story on lexis.com



New Jersey Judge Orders Arbitration In Product Liability Action
NEWARK, N.J. - An arbitration provision mandating that any dispute or controversy between the consumer and Dell Inc. shall be resolved through binding arbitration is not unconscionable under New Jersey law, a federal judge ruled Dec. 28 (James Davis on behalf of himself and all others similarly situated v. Dell Inc., No. 07-630, D. N.J.; 2007 U.S. Dist. LEXIS 94767). Full story on lexis.com



Water Heater Manufacturer Sees Summary Judgment Decision Reversed, Case Remanded
DES MOINES, Iowa - An Iowa appeals panel on Dec. 12 reversed a summary judgment decision, ruling that the plaintiff's expert raised a genuine issue of material fact as to when an allegedly defective product was manufactured and if it were barred by the 15-year statute of repose (Scott Myers et al. v. State Industries Inc., No. 7-712, Iowa App.; 2007 Iowa App. LEXIS 1307). Full story on lexis.com



Coverage Sought For Bluetooth Headset Class Actions
SAN JOSE, Calif. - A maker, distributor and seller of Bluetooth wireless headsets for use with mobile phones is seeking coverage for putative class actions filed throughout the country claiming that prolonged use of the headset threatens hearing loss (Plantronics Inc. v. American Home Assurance Co., et al., No. 07-6038, N.D. Calif.). Full story on lexis.com



Federal Judge Dismisses Part Of Class Action Against Washing Machine Manufacturer
NASHVILLE, Tenn. - A Tennessee federal judge on Dec. 4 dismissed part of a class action, ruling that the claim is available only to individual plaintiffs (Shellie Thomas, on behalf of herself and all others similarly situated v. LG Electronics USA Inc., No. 07-444, M.D. Tenn.; 2007 U.S. Dist. LEXIS 90756). Full story on lexis.com



Federal Judge In Arizona Slaps Attorneys In Product Liability Case With Sanctions
PHOENIX - Two attorneys involved in a defective step-ladder case were hit with sanctions on Dec. 18 when a federal judge concluded that they failed to adhere to the court's scheduling order (Charlotte M. Hobbs v. Wal-Mart Stores Inc. et al., No. 06-1031, D. Ariz.; 2007 U.S. Dist. LEXIS 95349). Full story on lexis.com



Panel Transfers Lead In Children's Toys Cases To California Court
LOS ANGELES - The Judicial Panel on Multidistrict Litigation on Dec. 18 issued a transfer order coordinating 11 actions involving high lead levels in children's toys to the U.S. District Court for the Central District of California (In re: Mattel Inc. Toy Lead Paint Products Liability Litigation, 2:07ml1897, C.D. Calif.; 2007 U.S. Dist. LEXIS 94717). Full story on lexis.com



Stroller Manufacturer Rolls To Summary Judgment In Amusement Park Injury Case
NEWARK, N.J. - A federal judge on Dec. 14 granted summary judgment to the manufacturer of an allegedly defective children's stroller, agreeing that the plaintiffs failed to fulfill the requisite causation element in their product liability and negligence claims (John Durand, a minor by his guardian Denise Durand and Denise Durand individually v. Kolcraft et al., No. 05-4348, D. N.J.; 2007 U.S. Dist. LEXIS 92184). Full story on lexis.com



Pet Food Manufacturer Agrees To Settle Class Action For $3.1 Million
KNOXVILLE, Tenn. - A federal judge on Nov. 6 certified a class of pet food purchasers and approved a $3.1 million settlement agreement (Nicole D. Bass, individually and on behalf of similarly situated individuals v. Schell & Kampeter Inc. dba Diamond Pet Foods Inc., No. 3:05-cv-586, E.D. Tenn.). Full story on lexis.com



Coca Cola Faces Defective Bottle Claim In Maryland
BALTIMORE - A Maryland woman filed a federal complaint on Jan. 3, alleging that a beverage manufacturer's products were supplied in defective plastic bottles (Monique Rankin v. Coca Cola Enterprises, et al., No. 08-cv-35, D. Md.). Full story on lexis.com



Hair Coloring Manufacturer Removes Product Liability Suit To Northern District Of Illinois
CHICAGO - P&G-Clairol Inc. removed a product liability personal injury lawsuit to the U.S. District Court for the Northern District of Illinois on Dec. 11 based on the amount in controversy and the citizenship of the parties (Leela Choudary v. P&G-Clairol Inc., No. 07-6966, N.D. Ill). Full story on lexis.com



7th Circuit Panel Affirms Workplace Accident Decision
CHICAGO - The Seventh Circuit U.S. Court of Appeals on Jan. 2 upheld a verdict in favor of the defendant in a workplace accident case, maintaining that the jury was persuaded that the manufacturer provided adequate safety precautions (John Mesman and Judy Mesman v. Crane Pro Services, a division of Konecranes Inc., No. 06-3773, 7th Cir.; 2008 U.S. App. LEXIS 1). Full story on lexis.com



Federal Judge Denies Motion For Summary Judgment On Safety Issue
SACRAMENTO, Calif. - A federal judge on Dec. 21 denied a forklift manufacturer's motion for summary judgment on claims seeking punitive damages, ruling that the company's own safety records indicate that safer design alternatives exist (Cynthia Mahon v. Crown Equipment Corp., dba Crown Lift Trucks, No. 03-1763, E.D. Calif.; 2007 U.S. Dist. LEXIS 93903). Full story on lexis.com



Dursban Product Liability Suit Removed To Pennsylvania Court; Plaintiff Alleges Lymphoma Link
PITTSBURGH - The manufacturer and distributor of a termiticide containing Dursban removed a product liability personal injury lawsuit Nov. 28 to the U.S. District Court for the Western District of Pennsylvania (Robert T. Pritchard, et vir v. Dow AgroSciences, et al., No. 07-1692, W.D. Pa.). Full story on lexis.com



Kugel Patch Case Remanded; Nevada Hospital May Be Liable For Products Liability
PROVIDENCE, R.I. - The Kugel patch multidistrict litigation court on Dec. 18 remanded a case to Nevada state court, finding that the plaintiffs have stated a viable claim against a Nevada hospital (Judy A. Nichol, et al. v. Boulder City Hospital, Inc., et al., No. 07-1842, D. R.I.). Full story on lexis.com



A Retrospective Of 2007 Food Contamination Coverage Decisions
By Joseph F. Bermudez Jason D. Melichar And Suzanne M. Meintzer 2007 was a catastrophic year for the food industry. The year started badly when the first recall was announced on January 2, 2007. U.S. Food and Drug Administration Recall - Firm Press Release, Ho's Trading Inc. Recalls Home Special Health Soup Recipe (Dry Mix), Jan. 2, 2007. Shortly thereafter, the largest pet food contamination recall in history was announced. U.S. Food and Drug Administration Recall - Firm Press Release, Menu Foods Issues Recall of Specific Can and Small Foil Pouch Wet Pet Foods, Mar. 16, 2007. The year that devastated the U.S. food industry's safety reputation continued with an All-American list of contaminated food products that involved international, national and super-regional recalls including, but not limited to: a spinach recall involving 48 states and Canadian provinces; a peanut butter recall involving 47 states; and a pot pie recall involving 31 states. Apple pie appears to have been the one American standard that was not recalled last year. Of course, any 2007 food contamination highlight film would not be complete without Topps' recall of historic proportions, which involved 21.7 million pounds of hamburger, was the second largest ground beef recall and third largest food recall in U.S. history. Full story on lexis.com



Ford Reaches Settlement On Explorer Rollover Class Action Lawsuit
SACRAMENTO, Calif. - A California judge on Dec. 3 granted preliminary approval of a settlement that would end a class action lawsuit involving approximately 800,000 owners of Ford Explorers who claim that their vehicles lost value because of the perceived threat that sport utility vehicles are susceptible to rolling over in an accident (Rose Marie Gray, on behalf of herself, the general public and all others similarly situated v. Ford Motor Co., No. 03AS04782, Calif. Super., Sacramento Co.). Full story on lexis.com



Class Counsel In Auto Liability Class Awarded $4.1 Million In Fees
PHILADELPHIA - A state court judge on Nov. 14 awarded class counsel $4.1 million in a lawsuit that accused Kia Motors America of installing defective braking systems in its vehicles (Shamell Samuel-Bassett v. Kia Motors America, No 2199, January term, 2001, Pa. Comm. Pls., Philadelphia Co.; 2007 Phila. Ct. Com. Pl. LEXIS 304). Full story on lexis.com



5th Circuit: Defective Seat Belt Claims Preempted By Federal Regulation
NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on Dec. 4 affirmed a summary judgment decision in favor of an automobile manufacturer, ruling that the plaintiffs' design defect and defective marketing claims are preempted by Federal Motor Vehicle Safety Standard (FMVSS) 208 (Lisa Ann Carden, individually and for and on behalf of those entitled to recover for the wrongful death on behalf of Alexa Lee Wilson, and Ronald Lee Wilson II v. General Motors Corp., No. 06-11182, 5th Cir.; 2007 U.S. App. LEXIS 27977). Full story on lexis.com



$11.6 Million Verdict In Tennessee Auto Liability Suit Upheld
NASHVILLE, Tenn. - A federal judge on Nov. 30 upheld a jury's award of approximately $11.6 million to a Tennessee family that suffered injuries after the parking brake in their Ford Windstar failed (Dawn Maggard, et al. v. Ford Motor Co., No. 3:05-cv-0369, M.D. Tenn., Nashville Div.; 2007 U.S. Dist. LEXIS 88495). Full story on lexis.com



Appellate Panel Upholds Denial Of Ford Pickup Radiator Class Certification
ATLANTA - A Georgia appellate panel on Nov. 29 affirmed the denial of class certification in a case alleging substandard radiators in certain pickup trucks, agreeing that individual issues would predominate over any common issues that the class might share (Michael Roland v. Ford Motor Co. Inc., No. A07A0924, Ga. App., 1st Div., 2007 Ga. App. LEXIS 1265). Full story on lexis.com



General Motors Fails In Attempt To Dismiss Wrongful Death Case
BOSTON - A federal judge denied an automobile manufacturer's motion to dismiss a wrongful death case on Dec. 7, ordering the parties to agree on what state law should be applied in the action (Aaron Chinn, Administrator of the Estate of Kelli Chinn v. General Motors Corp. Inc., No. 07-11249, D. Mass., 2007 U.S. Dist. LEXIS 89977). Full story on lexis.com



BMW Drivers File Class Action Complaint Alleging Defective Transmissions
NEWARK, N.J. - A group of four luxury automobile drivers filed a class action complaint on Dec. 3, alleging that vehicles equipped with a certain type of automatic transmission have a defect that renders them unable to operate in reverse (David Contino et al. v. BMW of North America LLC, No. 2:07-cv-5755, D. N.J.). Full story on lexis.com



New Jersey Court Affirms Summary Judgment Decision On Issue Of Proper Warnings
TRENTON, N.J. - A New Jersey appeals court upheld a summary judgment decision on Nov. 19, ruling that a plaintiff's expert offered opinions that lacked sufficient foundation concerning warnings provided by an all-terrain vehicle (ATV) manufacturer and dealer (Michael Koruba v. American Honda Motor Co. Inc. and Cycle World of Cherry Hill LLC, No. A-5953-05T5, N.J. Super., App. Div., 2007 N.J. Super. LEXIS 352). Full story on lexis.com



Truck Manufacturer Rides To Summary Judgment Decision In New Hampshire
CONCORD, N.H. - A federal judge granted summary judgment to a truck manufacturer on Nov. 30, ruling that the plaintiff failed to offer sufficient evidence to support any of his claims (Donald Gibson v. Mack Trucks Inc., No. 06-cv-150, D. N.H., 2007 U.S. Dist. LEXIS 88491). Full story on lexis.com



Missouri Judge Says Rig Manufacturer Should Not Be Liable For Punitive Damages
ST. LOUIS - A federal judge on Nov. 27 granted a rig manufacturer's motion for summary judgment on the plaintiff's punitive damages claim, ruling that the plaintiff failed to provide evidence proving that the defendant had knowledge that its conduct would result in injury (Lowery Gray, et al. v. Cottrell Inc., No. 05-1852, E.D. Mo.; 2007 U.S. Dist. LEXIS 87111, See 10/8/07, Page 11). Full story on lexis.com



Harley-Davidson Removes Personal Injury Case To Pennsylvania Federal Court
PHILADELPHIA - A motorcycle manufacturer removed a personal injury action to federal court on Dec. 5 based on the amount in controversy and diversity of citizenship (Robert Brooks et al. v. Harley-Davidson Motor Co. et al., No. 07-5134, E.D. Pa.). Full story on lexis.com



California Panel Affirms Trial Court Decision In Tainted Soda Bottle Action
SAN FRANCISCO - A panel of appellate justices on Dec. 7 affirmed a trial court decision to grant a soft drink manufacturer and bottler its motion to quash service of summons, ruling that California courts do not have specific jurisdiction over the defendant (Russell Brimer v. Faygo Beverages Inc., No. A114983, Calif. App., 1st Dist.; 2007 Cal. App. Unpub. LEXIS 9911). Full story on lexis.com



Video Game Maker Sued Over Allegedly Defective Product
SAN DIEGO - Microsoft Corp. on Nov. 20 was hit with a class action lawsuit alleging that its "Halo 3" video game causes the Xbox 360 video game console, which is also made by Microsoft, to freeze or crash (Randy Nunez, on behalf of himself and all others similarly situated v. Microsoft Corp, et al., No. 07-cv-2209, S.D. Calif.). Full story on lexis.com



Sporting Goods Company Removes Pinch Point Complaint To Federal Court
NEWARK, N.J. - The manufacturer of an allegedly dangerous portable basketball system removed an action to federal court on Nov. 21 because of the amount in controversy exceeding $75,000 and diversity of citizenship (Peter C. Fournier and Noreen Fournier v. Huffy Sports, Huffy Corp., Russell Corp., and Sports Authority, No. 2:07-cv-5620, D. N.J.). Full story on lexis.com



Manufacturer Removes Defective Ladder Complaint To Iowa Federal Court
DES MOINES, Iowa - A ladder manufacturer removed a defective product case to federal court on Dec. 7, citing diversity of citizenship between the parties and the amount in controversy exceeding $75,000 (Leland Koons v. Louisville Ladder Inc., No. 07-554, S.D. Iowa). Full story on lexis.com



Illinois High Court Finds Michigan Law Governs Plaintiff's Personal Injury Claims
SPRINGFIELD, Ill. - Michigan law governs the product liability and damages issues presented in a case involving a 3-year-old boy being injured in a lawnmower accident, the Illinois Supreme Court ruled Nov. 29 (Jacob Townsend, et al. v. Sears, Roebuck and Co., No. 103858, Ill. Sup.; 2007 Ill. LEXIS 1701). Full story on lexis.com



Manufacturer's Bid For Summary Judgment In Workplace Death Case Denied
ST. LOUIS - A federal judge denied a machine manufacturer's motion for summary judgment in a wrongful death case on Dec. 10, ruling that the plaintiffs presented sufficient evidence that defects in the product existed when it left the defendant's factory (Shelley A. Cashel, et al. v. Littlell International Inc., No. 4:06-cv-841, E.D. Mo.; 2007 U.S. Dist. LEXIS 90662). Full story on lexis.com



Brazilian National's Defective Product Claim Removed To Pennsylvania Federal Court
PHILADELPHIA - A nail gun manufacturer removed a personal injury/product liability action to federal court on Dec. 6 based on the amount in controversy exceeding $75,000 (Jemerson Joseda DaCosta v. Hitachi Koki Co., No. 2:07cv5173, E.D. Pa.). Full story on lexis.com



Defendants In Pet Food Litigation Move To Limit Stored Products
CAMDEN, N.J. - The defendant in a consolidated action alleging damages from tainted pet food filed an unopposed motion to limit the retention of organized recalled product, raw wheat gluten and unorganized inventory on Dec. 11 (In re Pet Food Products Liability Litigation, MDL-1850, D. N.J.; 2007 U.S. Dist. LEXIS 45540). Full story on lexis.com



Tainted Pet Food Case Remanded To State Court
HONOLULU - A federal judge remanded a case involving tainted pet food to state court on Dec. 5, ruling that the amount in controversy does not allow the matter to be tried in federal court or as part of a previously established multidistrict litigation (Valerie Sylvester, et al. v. Menu Foods Inc., No. 07-00409, D. Hawaii, 2007 U.S. Dist. LEXIS 89551). Full story on lexis.com



Advocacy Group: Consumer Product Safety Commission Chairwoman Should Resign
WASHINGTON, D.C. - A group that calls itself Campaign for America's Future (CAF) on Nov. 27 sent a letter to the head of the Consumer Product Safety Commission (CPSC) calling for her resignation in connection with the flood of leaded toys from China. Full story on lexis.com



CPSC Issues Recalls For Toys, Children's Items And Holiday Figurines
WASHINGTON, D.C. - The Consumer Product Safety Commission (CPSC), in cooperation with four manufacturers and/or retailers, on Dec. 6 issued several recalls of toys and children's items that contain lead paint. Full story on lexis.com



Washington State Legislator To Introduce Bill Banning Children's Toys With Lead
OLYMPIA, Wash. - The Washington State Legislature is poised to entertain a bill in January that would ban toxic metals from toys sold in the state, The Olympian reported Dec. 1. Full story on lexis.com