Contents


    From air bags to food to children’s toys, it seems as if products are constantly being recalled. A product recall is a request to return a product after the discovery of safety issues or defects that could endanger the consumer and/or put the manufacturer or seller at risk of legal action.

    Product liability is the area of law in which manufacturers, distributers, suppliers, retailers, and others who make products available to the public are held responsible for the injuries those products cause.

    Product liability insurance protects a business against financial loss arising from the manufacture, sale, injury, or damage resulting from consumer use of a covered product. The basic types of product liability claims include manufacturing flaws, production flaws, design defects, and defective warnings or instructions.

    As long as products are being made, those products will have problems, and this will result in potentially expensive recalls, product liability claims, and disputes, but has led to heightened public safety.

    In the News

    2024

    • Jury finds stone companies at fault in lawsuit by countertop cutter sick with silicosis - Emily Alpert Reyes, The Los Angeles Times (08/07/2024)
      A Los Angeles County jury found businesses that make or distribute engineered stone at fault Wednesday for the suffering of a 34-year-old stonecutter afflicted with an incurable disease.
    • US stands by decision that 50 million air bag inflators are dangerous, steps closer to huge recall - Tom Krisher, The Associated Press (07/31/2024)
      U.S. auto safety regulators say they stand by a conclusion that more than 50 million air bag inflators are dangerous and should not be in use, taking another step toward a massive recall. The decision Wednesday by the National Highway Traffic Safety Administration involves inflators made by ARC Automotive Inc. in Tennessee and another parts manufacturer. It comes despite opposition from automakers.
    • Abbott faces trial over claims that preterm infant formula caused dangerous disease - Brendan Pierson, Reuters (07/09/2024)
      Similac baby formula maker Abbott is expected to face a trial on Monday over claims that its formula for preterm infants used in neonatal intensive care units causes a potentially deadly bowel disease, the second trial out of hundreds of similar lawsuits in the United States.
    • Lab at center of Zantac saga claims GSK hid drug’s risks for decades - Zoey Becker, Fierce Pharma (05/21/2024)
      Even as GSK defends itself against thousands of personal injury lawsuits relating to its sale of heartburn pill Zantac, a whistleblower lawsuit from the laboratory that first raised alarm bells about the med’s carcinogenic risks could introduce a sharp twist in the yearslong controversy.
    • Pfizer agrees to settle over 10,000 Zantac lawsuits, Bloomberg News reports - Reuters (05/09/2024)
      Pfizer has agreed to settle more than 10,000 lawsuits about cancer risks related to the now discontinued heartburn drug Zantac, Bloomberg News reported on Wednesday, citing people familiar with the deal. The agreements cover cases in U.S. state courts but don't completely resolve the company's exposure to Zantac claims, the report said, adding that financial details of the deals were not immediately available.
    • Panera to stop serving ‘Charged Sips’ drinks after wrongful death lawsuits over caffeine content - Dee-Ann Durbin, The Associated Press (05/07/2024)
      Panera Bread said it’s discontinuing its Charged Sips drinks that were tied to at least two wrongful death lawsuits due to their high caffeine content. Panera didn’t say Tuesday whether the drinks were being discontinued because of the lawsuits or health concerns, and it wouldn’t comment on the timeline for removing them from stores. Panera said it’s introducing new low-sugar and low-caffeine drinks after listening to customers’ suggestions.
    • Sanofi's Zantac settlement is worth $100M, or $25K per claimant: Bloomberg - Kevin Dunleavy, Fierce Pharma (04/22/2024)
      Sanofi will pay $100 million—or approximately $25,000 each—to roughly 4,000 claimants who filed lawsuits saying that the French company failed to warn users that its heartburn medicine Zantac (ranitidine) can cause cancer. Bloomberg reported the figure, citing sources familiar with the deal.
    • Bayer leads new group to defend herbicide glyphosate - Nathan Owens, Agriculture Dive (04/15/2024)
      Dozens of agricultural organizations led by Bayer AG have joined to push for continued use of the herbicide glyphosate, a move that comes as the crop sciences giant looks to overcome mounting litigation against its products containing the active ingredient.
    • Stanley faces lawsuit by Nevada woman over lead in products - Paige Cornwell, The Las Vegas Sun (02/20/2024)
      Two separate lawsuits filed last week accuse Stanley, which was acquired by Seattle-based PMI Worldwide in 2002, of deceiving customers and failing to disclose the presence of lead in its products, most notably its viral Quencher tumblers. Both class-action complaints were filed in the U.S. District Court for the Western District of Washington.

    2023

    2022

    • Recall alert: This $2,000 electric unicycle is a fire hazard, officials say - Will Katcher, Mass Live (12/07/2022)
      A high-end line of electric unicycles, for which owners had paid more than $2,000 to buy new, are being recalled after some units caught fire, federal officials said.

       

    • GSK, Pfizer, Sanofi fend off thousands of U.S. lawsuits over alleged Zantac cancer link - Brendan Pierson, Reuters (12/06/2022)
      Drugmakers GSK Plc, Pfizer Inc, Sanofi SA and Boehringer Ingelheim on Tuesday were spared thousands of U.S. lawsuits claiming that the heartburn drug Zantac caused cancer, as a judge found the claims were not backed by sound science.

       

    • Two Nebraskans suing manufacturers over injuries sustained when pressure cookers exploded - Lori Pilger, Omaha World-Herald (11/28/2022)
      Two Nebraska women are suing the makers of pressure cookers in separate product liability lawsuits after both sustained injuries when the cookers exploded.

       

    • Aerosol hair products tainted by benzene may still be on store shelves - Teddy Amenabar, The Washington Post (11/01/2022)
      Aerosolized beauty products are popular and convenient, allowing us to spray our hair, faces and bodies with fine mists of deodorant, sunscreen and dry shampoo. But in the past 18 months, several major consumer products companies, including Unilever, Procter & Gamble and Johnson & Johnson, have announced at least 10 recalls of well-known aerosol brands. The reason: The products contained elevated amounts of benzene, a chemical known to cause cancer and compromise our immune system.

       

    • Exclusive: FAA warns of aviation safety risks without U.S. mandate on 5G limits - David Shepardson, Reuters (10/25/2022)
      The Federal Aviation Administration (FAA) wants the U.S. telecommunications regulatory agency to ensure a delay in some 5G C-Band transmissions from smaller operators. Acting FAA Administrator Billy Nolen said the agency wants the Federal Communications Commission (FCC) to mandate voluntary mitigations that AT&T and Verizon agreed to earlier this year mandated for 19 smaller telecoms and other spectrum holders.

    2020

    2019

    2018

    • Award in cigarette liability case for former Norwich smoker balloons to $52.4 million as judge adds interest - JOSH KOVNER, HARTFORD COURANT (12/24/2018)

      In the years since a Connecticut jury awarded former Norwich smoker Barbara Izzarelli a multi-million judgement in her case against the maker of Salem cigarettes, her lawyer noted several times that she’d offered to settle the case for $400,000. . . .  Now that judgment has swelled to $52.4 million as U.S. District Judge Stefan Underhill has added additional money damages and interest dating to 1999 for which the R.J. Reynolds Tobacco Co. is on the hook. Underhill, in a Dec. 13 ruling, said evidence at the trial in 2010 showed “reprehensible” conduct on the part of R.J. Reynolds, including that the company knew its mentholated Salem cigarettes were “extremely carcinogenic and addictive” but continued selling them anyway. . . . Izzarelli had developed larynx cancer in 1997 at age 36 after smoking heavily since she was 12. The jury found her 42 percent responsible for her condition, but said the company bore the lion’s share of the liability. . . .The cancer claimed Izzarelli’s larynx and she breathes through a hole in her throat, said her lawyer, David Golub. She now lives in Florida.

       

    • Florida Supreme Court overturns Reynolds legal victory, reinstates $18.5M in damages - Richard Craver, Winston-Salem Journal (09/21/2018)
      The Florida Supreme Court overturned Thursday a legal victory for R.J. Reynolds Tobacco Co. in an Engle progeny case, reinstating $18.5 million in damages. . . . Reynolds declined to comment Friday on the ruling. . . . In June 2014, a Palm Beach County jury awarded $6 million in compensatory damages and $14 million in punitive damages to plaintiff Gwendolyn Odom. . . . Odom is the daughter of Juanita Thurston, who died of lung cancer in 1993 at age 58. She smoked several cigarette brands manufactured by Reynolds, including Camel, as well as brands of other manufacturers, according to Odom’s complaint. Odom sued under the state’s wrongful death statute. . . . The jury determined that Thurston was 25 percent responsible for her disease, which reduced the compensatory damages to $4.5 million.
    • Sherwin-Williams in trouble over century-old ads for lead paint - ALEXANDRA BRUELL, WALL STREET JOURNAL (09/02/2018)
      When companies get in trouble over their advertisements, it usually happens quickly. In the case of Sherwin-Williams Co., it took more than a century. . . . The paint maker is fighting a California court ruling that ordered it and two other companies to collectively pay hundreds of millions of dollars in damages for promoting lead paint over several decades, when they allegedly knew or should have known it was hazardous. The litigation has highlighted Sherwin-Williams ads dating back to 1904. . . . Sherwin-Williams and its co-defendants in July petitioned the U.S. Supreme Court to take up the case, arguing that they were unaware of the health risks of lead before it became accepted science and are being improperly punished for truthful advertising about a product that was legal at the time. The federal government banned the use of lead paint in homes in 1978. . . . Companies already put their advertisements through a range of stress tests to ensure legal and regulatory compliance, adding careful wording and disclosures. But some advertising executives say the Sherwin-Williams ruling, if upheld, would raise the stakes, forcing marketers to consider whether advertising a product may open them to liability many years down the road.
    • Airbags a ticking time bomb: Motorists put safety and insurance cover at risk as recall ignored - Press Association (08/13/2018)
      A study, published in journal Thorax, found vapour may cause inflammation and impair the activity of alveolar macrophages, cells which remove potentially damaging dust particles, bacteria and allergens . . . . The researchers said some of the effects are similar to those seen in cigarette smokers and people with chronic obstructive pulmonary disease (COPD). . . . Professor David Thickett, lead author from the University of Birmingham, said: “In terms of cancer causing molecules in cigarette smoke, as opposed to cigarette vapour, there are certainly reduced numbers of carcinogens. . . . “They are safer in terms of cancer risk, but if you vape for 20 or 30 years and this can cause COPD, then that’s something we need to know about.” . . . .He added: “I don’t believe e-cigarettes are more harmful than ordinary cigarettes. . . . “But we should have a cautious scepticism that they are as safe as we are being led to believe.
    • E-cigarette maker Juul targeted teens with false claims of safety, lawsuit says - Deanna Paul, Washington Post (07/30/2018)
      When a San Diego-based mother posted an emergency alert on Nextdoor, a community discussion app, she hoped a Good Samaritan could help, according to court filings. Her son was hysterical after losing a flash drive with his homework near the local McDonald’s, she wrote, uploading a photo along with the message. A neighbor quickly replied, explaining that the chewing-gum-sized object in the picture was not a flash drive: It was a Juul vaping device. . . . “That’s just an indication of how quickly Juuls became prevalent,” recounted Esfand Nafisi, a lawyer who is handling two of three lawsuits initiated against Juul Labs last month. “You blinked your eye, and suddenly they were all over the place.” . . . This has become a new kind of reality for those with children who Juul, the verb used by fans of Juul Labs’ trendy USB-flash-drive-sized e-cigarette. The San Francisco-based company, which launched in June 2015, grew sevenfold this year, according to a study published by Tobacco Control. . . .Juul Labs has claimed its product is for adult smokers only, but several lawsuits contradict that mission. The filings allege the start-up deceptively marketed the Juul as safe and targeted youth from the get-go. Juul Labs spokeswoman Victoria Davis told The Post in an email that company officials “do not believe the cases have merit and will be defending them vigorously.” But researchers say that Juul’s sly age-verification technique and social media marketing campaigns are most revealing of the company’s true intent. . . . .One of Nafisi’s cases against Juul is a nationwide class action. The 10 named plaintiffs, who range from 14 years old to adult users living in several states, allege that Juul caused nicotine addiction in consumers. According to court documents, the Juul device is “more potent than a cigarette,” allowing high levels of nicotine to enter the bloodstream at a faster speed than cigarettes.
    • Landmark lawsuit claims Monsanto hid cancer danger of weedkiller for decades - Sam Levin, The Guardian (07/23/2018)
      Dewayne Johnson said that if he had known what he knew now about Roundup weedkiller, “I would’ve never sprayed that product on school grounds … if I knew it would cause harm … It’s unethical.” . . . Johnson, a former school groundskeeper in northern California who is terminally ill, was testifying on Monday in his landmark suit against Monsanto about the cancer risks of the company’s popular weedkiller. He is the first person to take the agrochemical company to trial over allegations that the chemical sold under the Roundup brand is linked to cancer. . . . He spoke for the first time during the trial in San Francisco, detailing his use of Monsanto’s products, his extensive exposure to herbicides, and his belief that the chemicals caused non-Hodgkin lymphoma (NHL), a blood cell cancer. He also described the suffering he endured as skin lesions took over his body.
    • Notorious Dublin water slide to reopen, state reaches conclusion on why boy got thrown off ride - MATTHIAS GAFNI, The Mercury News (05/24/2018)
      Almost a year after a 10-year-old boy was violently thrown from a steep water slide only hours into its debut, the city of Dublin announced it will reopen the attraction at the Wave water park this weekend. State investigators concluded the water flow and water depth settings caused the accident, and the problems were fixed. . . . The state Division of Safety and Health worked with manufacturer Whitewater and the city’s amusement ride safety expert to determine the cause of the accident. According to the final report obtained by Bay Area News Group, state investigators found the manufacturer failed in its initial testing of the 48-foot high Emerald Plunge slide and lacked proper testing procedures to ready such rides for the public. . . . Investigators found that the deeper pooling of water at the bottom of the flume, combined with the faster water flow created a “more aggressive, faster stop.” Investigators simulated the accident with the same water conditions as the day of the accident, sending weighted bags at 78 pounds — the same as the boy’s weight — down the slide. The bags flipped up and out of the bottom slide catch basin, similar to what happened to the boy, who suffered bruises and road rash.
    • Towers with Grenfell-style cladding ‘at risk of arson and terrorism’ - The Guardian (03/16/2018)
      Public officials fear terrorists and arsonists could target high-rise homes that are still covered in combustible Grenfell-style cladding, amid increasing delays to safety works, a Guardian investigation has found. . . . The estimated bill to reclad at least 288 towers in England, which failed combustibility tests after 71 people died at Grenfell Tower in west London, is now on course to reach £1bn. There are waits of up to seven months to test alternative systems to ensure they are safe, and legal disputes are holding up works elsewhere. . . . Concern over terrorism and arson has been voiced in central and local government, and councils are now trying to keep the locations of scores of affected blocks secret because of the perceived danger.
    • Fla. Senate backs arming teachers, rejects assault weapons ban - Daniel Uria, UPI (03/04/2018)
      Florida's Senate voted Saturday night to move forward with a school safety bill, including a provision to arm specially trained teachers and again rejected a ban on assault weapons. . . . The Senators spent eight hours debating possible amendments to the bill aimed at overhauling school security and keeping guns away from the mentally ill in the rare weekend session following the Feb. 14 shooting at Marjory Stoneman Douglas High School in Parkland, which left 17 students and faculty members dead.
    • Reynolds faces $40.9 million in damages after Florida jury's verdict - Richard Craver, Winston-Salem Journal (02/06/2018)
      A Florida jury Tuesday handed R.J. Reynolds Tobacco Co. its largest current punitive damages liability of $27 million for an Engle progeny case. . . . Engle progeny lawsuits sprang from a decision in 2006 by the Florida Supreme Court that decertified a $145 billion class-action lawsuit initially filed by Howard Engle. The ruling limits former class members to filing individual lawsuits stating that cigarettes caused their respective illnesses.

    2017

    • Grenfell Fire Inquiry Finds U.K. Construction Rules Dangerously Lax - DAVID D. KIRKPATRICK, NY Times (12/18/2017)
      An independent review prompted by one of Britain’s deadliest fires in modern times condemned British construction regulations on Monday as “not fit for purpose,” saying they allowed dangerous latitude for cutting corners in a culture of “doing things cheaply.” . . . The June 14 fire that consumed Grenfell Tower in West London killed 71 people and raised alarms about gaps in British fire regulations. The flames raced in minutes up the sides of the 24-story building, and in its aftermath similarly flammable exterior cladding was found and removed from many other high-rises around Britain.
    • Grenfell Fire Inquiry Finds U.K. Construction Rules Dangerously Lax - DAVID D. KIRKPATRICK, NY Times (12/18/2017)
      An independent review prompted by one of Britain’s deadliest fires in modern times condemned British construction regulations on Monday as “not fit for purpose,” saying they allowed dangerous latitude for cutting corners in a culture of “doing things cheaply.” . . . The June 14 fire that consumed Grenfell Tower in West London killed 71 people and raised alarms about gaps in British fire regulations. The flames raced in minutes up the sides of the 24-story building, and in its aftermath similarly flammable exterior cladding was found and removed from many other high-rises around Britain.
    • '10 Worst Toys' list includes swords, drones, fidget spinners - Kellie Ell, USA TODAY (11/14/2017)
      Superheroes may be a hit at the box office, but some of the toys being spun off of the movie franchises aren't finding fans among consumer safety advocates. . . . The Wonder Woman Battle-Action Sword and the Spider-Man Official Movie Spider-Drone are among the “10 Worst Toys of 2017,” an annual list from a Boston-based nonprofit called World Against Toys Causing Harm, or WATCH. . . . The list also includes fan favorites like the Itty bittys stacking toy by Hallmark that was recalled last summer.
    • Appeal Offers Hope for Newtown Families in Suit Against Gun Companies - RICK ROJAS and KRISTIN HUSSEY , New York Times (11/12/2017)
      In the years since his 6-year-old son, Benjamin, was fatally shot at Sandy Hook Elementary School, David Wheeler has testified before state legislatures, lobbied members of Congress and sat beside his wife, Francine, as she delivered a speech during one of President Obama’s weekly addresses, pleading for changes to the nation’s gun laws. . . . This week, the families of the victims plan to be in Hartford, listening as lawyers lay out in state Supreme Court their case that the companies that manufactured and sold the military-style assault rifle used by the gunman bear responsibility for the attack in which 26 people, including 20 children, were killed. . . . They are deploying a novel strategy that the families and their lawyers say could pierce the sweeping shield created by federal law that protects gun companies from litigation and has thwarted countless lawsuits after their weapons were used to commit crimes. . . . Supporters believe that if the court clears the way for a jury trial, the gun companies’ internal communications — which the companies have fought fiercely to keep private — would surface in discovery, a potentially revealing and damaging glimpse into the industry and how it operates. It could also chart a legal road map for the survivors and relatives of victims in other mass shootings as they pursue accountability.
    • 391 malfunctions, 16 injuries, 1 death get 44 years of fire extinguishers recalled - DAVID J. NEAL AND JULIE K. BROWN, MIAMI HERALD (11/02/2017)
      Fire extinguisher maker Kidde recalled 40.5 million fire extinguishers Wednesday, a recall that covers 134 models manufactured over 44 years including models involved in two previous recalls. . . . This comes three years after a car fire that turned fatal when a Kidde fire extinguisher failed to work. . . . The problem with the fire extinguishers, as stated in the U.S. Consumer Product Safety Commission recall notice: “The fire extinguishers can become clogged or require excessive force to discharge and can fail to activate during a fire emergency. In addition, the nozzle can detach with enough force to pose an impact hazard.”
    • After historic Ikea dresser recall, another child has died - Tricia L. Nadolny, The Inquirer (10/18/2017)
      Another child has died beneath a tipped IKEA dresser. . . . Jozef Dudek, 2, was crushed by a Malm dresser in his California bedroom in May after being put down for a nap, according to a lawyer for the boy’s parents. Ikea and the U.S. Consumer Product Safety Commission on Wednesday both confirmed being aware of the death, and a spokesman for the safety agency said it had opened an investigation. . . . Jozef is the eighth child known to have died when an unsecured Ikea dresser toppled forward and the first confirmed death since last year’s historic recall of 29 million of the company’s bureaus. . . . His death has revived concerns from safety advocates about the effectiveness of the recall, which has resulted in only a small fraction of the dressers being repaired or destroyed, and whether Ikea should be doing more to raise awareness with consumers.
    • Kobe Steel discloses 9 more cases of faked inspection data - Japan Today (10/14/2017)

      The scandal over product inspections data faked by Japanese materials and machinery giant Kobe Steel expanded Friday to include products shipped to more than 500 customers. . . . Kobe Steel's president, Hiroya Kawasaki, told reporters the company had uncovered nine more types of products whose inspections had been faked or manipulated, including copper alloy pipes and steel wire rods used in vehicle tires and engines. . . . The problems disclosed by Japan's third-largest steel maker are just the latest in a slow of product quality, accounting and corruption scandals that have dented Japan's image of superior manufacturing prowess. . . . The latest problems were discovered with shipments of more than 11,000 tons of steel, copper, and aluminum products made by Kobe Steel and its affiliates in Japan, China, Malaysia and Thailand, the company said.

    • Kobe Steel says specification data falsified on aluminum, copper products - Reuters (10/08/2017)

      Japanese steel maker Kobe Steel said that its internal checks found that data was fabricated to falsely show that aluminum and copper products met customer specifications, according to a statement issued on Sunday. . . . About 4 percent of the aluminum and copper products that Kobe Steel shipped in the period from September 2016 to August 2017 were falsely labeled as meeting the specifications requested by customers, a company spokesman said. The products were shipped to about 200 companies, the spokesman added. . . .Kobe Steel said it has not found any instances where the products with the falsified data are causing safety problems, according to the statement. However, the company said it will take prompt and appropriate steps if there are any safety issues arising from those shipments.

    • AI robots are sexist and racist, experts warn - Henry Bodkin, The Telegraph (08/24/2017)

      Robotic artificial intelligence platforms that are increasingly replacing human decision makers are inherently racist and sexist, experts have warned. . . . Programmes designed to “pre-select” candidates for university places or to assess eligibility for insurance cover or bank loans are likely to discriminate against women and non-white applicants, according to recent research. . . . His warning came as it was revealed a prototype programme developed to short-list candidates for a UK medical school had negatively selected against women and black and other ethnic minority candidates. . . . Professor Sharkey said researchers at Boston University had demonstrated the inherent bias in AI algorithms by training a machine to analyse text collected from Google News. . . . When they asked the machine to complete the sentence “Man is to computer programmers as woman is to x”, the machine answered “homemaker”.

    • Dubai high-rise blaze renews concerns of fire hazard threats worldwide - Jane Onyanga-Omara, USA TODAY (08/04/2017)

      Friday's fire at Dubai's 86-story tallest residential tower raises new concerns that metal and plastic exterior coverings used widely around the world pose a huge safety risk.  . . .Even before the Dubai blaze broke out and engulfed more than 40 floors, officials across the globe were inspecting high-rises that use external coverings, or cladding — common on apartment buildings, schools, offices and hospitals.

    • 263K glittered iPhone cases recalled for fear of chemical burns - Sam Howard, UPI (08/02/2017)
      A distributor of glittered iPhone cases sold at major retailers is recalling the product over fears it has caused skin irritation and burns. . . . The U.S. Consumer Product Safety Commission posted a notice Tuesday with details of the recall. MixBin Electronics of Hamilton, N.J., distributed the phone cases, decorated with liquid glitter inside the plastic casing, and is offering a full refund to customers. . . . According to the commission's notice, there have been 24 instances worldwide of reported skin irritation or chemical burns linked to the product. Among those cases, one consumer said she suffered burns and swelling throughout her body. Another customer said they suffered such a bad burn that it caused permanent scarring.
    • Court upholds Obama rule banning vaping on airplanes - TIMOTHY CAMA, The Hill (07/21/2017)

      A federal appeals court Friday upheld an Obama administration regulation that bans the use of electronic cigarettes — or e-cigarettes — on commercial airplanes. . . . The Court of Appeals for the District of Columbia Circuit rejected arguments by a free-market group and an e-cigarette advocacy group that the Department of Transportation (DOT) exceeded its legal authority and used bad science to justify the 2016 rule. . . . The decision closes a chapter in the ongoing federal debate over how to regulate e-cigarettes. The devices have been shown to be less harmful than traditional cigarette smoking, but regulators and some politicians have sought to nonetheless subject them to similar standards.

    • Benjamin Moore, Three Other Paint Companies Settle Allegations Of Misleading Customers - Ashlee Kieler, Consumerist (07/11/2017)

      When repainting a room in your home, color is probably the first thing you think about, but a close second might be whether or not the paint you choose is safe. To that end, four paint companies have settled charges that they misled customers on the safety of products by deceptively promoting them as emissions-free. . . . The Federal Trade Commission announced today that Benjamin Moore & Co., ICP Construction, YOLO Colorhouse, and Imperial Paints each agreed to settle charges they misled customers by claiming that products were free of emission and containing zero volatile organic compounds (VOCs), including during and immediately after application.

    • Plaintiffs Score Another Victory In A Website Accessibility Lawsuit - Minh N. Vu, Seyfarth Shaw LLP, Mondaq (07/10/2017)
      A federal judge in the Central District of California has allowed a blind plaintiff to continue his lawsuit about the accessibility of a public accommodation's website under Title III of the ADA, despite the diametrically opposite views of his Central District colleague.
    • Court upholds $28M verdict in Connecticut smoker case - AP (07/07/2017)

      A federal appeals court has upheld a $28 million judgment against cigarette maker R.J. Reynolds in a lawsuit filed by a Connecticut smoker who got cancer.

      A three-judge panel of the 2nd U.S. Circuit Court of Appeals in New York also ruled Friday that the case will be sent back to the trial court to see if the company must pay additional damages. . . . Norwich resident Barbara Izzarelli sued the Winston-Salem, North Carolina-based company in 1999 after surviving laryngeal cancer. She smoked the company's Salem Kings cigarettes for 25 years and had her larynx removed at age 36
    • Breast implant certifier 'not liable' over ruptures - DW Staff, Deutsche Welle (06/22/2017)
      Germany's Federal Court of Justice on Thursday rejected a claim for compensation from a 67-year-old woman who was given faulty silicone breast implants from a French company that was certified as a safe provider by a German firm.
    • Satellite insurers ‘save’ $786m of risk - Advanced Television Staff, Advanced Television (06/06/2017)
      Last Thursday’s launch of two giant satellites by an Arianespace rocket was a success in more ways than one.
    • Beko issues tumble dryers safety alert over fire risk concerns - Rebecca Smithers, The Guardian (05/30/2017)
      Manufacturer Beko has issued a safety alert  for thousands of tumble dryers over concerns they could burst into flames, including one model found to have caused a blaze that killed a mother of two.
    • Suit: Faulty construction caused apartment balconies to ‘sink’ - Isaac Groves, The Times-News (05/27/2017)
      The current owner of Ethan Pointe Apartments claims it was deceived when it bought the $30 million complex because dangerous and costly flaws in balconies were hidden.
    • Graco recalls more than 25,000 car seats - Robert Jimison, CNN (05/25/2017)
      Graco is recalling more than 25,000 car seats that might not adequately restrain children during a crash. The National Highway Traffic Safety Administration announced Wednesday that the webbing in the Graco My Ride 65 car seat failed to meet Federal Motor Vehicle Safety Standards. The agency found that children who are not appropriately restrained are at an increased risk of injury in the event of a crash.
    • American Airlines Sued By Passenger Who Had To Sit Next To Obese Seatmates - RTT News, Business Insider: Market Insider (05/08/2017)
      Michael Anthony Taylor, an Australian man has filed a lawsuit against American Airlines for seating him between two "grossly obese" passengers on a 14-hour flight that he claim left him with permanent injuries to back and neck.
    • Jury Awards $110 Million to Plaintiff in Johnson & Johnson Baby Powder Case - Anne Steele & Jonathan D. Rockoff, The Wall Street Journal (05/05/2017)
      Johnson & Johnson was hit with a $110 million jury decision in favor of a woman who said talc in the company’s baby powder gave her ovarian cancer, the latest—and largest—verdict yet in the litigation saga.
    • Keurig faces lawsuit from Liberty Mutual for $100K home fire - Kristin Lafratta, MassLive (05/01/2017)
      Vermont-based brewing company Keurig is reportedly being slapped with a lawsuit two years after one of its coffee machines sparked a costly fire at an Upton home.
    • Fyre Festival Faces $100 Million ‘Hunger Games’ Lawsuit - Kim Bhasin & Polly Mosendz, Bloomberg (05/01/2017)
      A $100 million lawsuit was filed against organizers of the inaugural Fyre Festival, a music festival in the Bahamas that was billed as a luxury experience only to quickly devolve into an island landscape of half-built tents, cheese sandwiches, and a distinct lack of musical talent.
    • Theranos says it settled lawsuit with major investor - Anita Balakrishnan, CNBC (05/01/2017)
      Theranos said it has settled lawsuits with one of its biggest backers.
    • Wells Fargo ups sham-account settlement to $142 million, making more customers eligible - James Rufus Koren, The Los Angeles Times (04/21/2017)
      Wells Fargo & Co. has agreed to boost its payout in a class-action settlement over unauthorized accounts to $142 million, up from the $110 million it announced just three weeks ago, according to documents filed late Thursday.
    • Bose faces lawsuit claiming headphone apps collects user data - Brett Molina, USA Today (04/19/2017)
      Bose faces a lawsuit filed in Illinois over claims an app for its headphones collects user information and shares it with third parties without permission.
    • Viking Range to pay $4.7M fine over self-starting ovens - Jeff Amy, The Associated Press (04/14/2017)
      A Mississippi appliance maker has agreed to pay a $4.7 million federal fine for not reporting that certain ovens in freestanding gas ranges could turn on by themselves, with customers then sometimes unable to turn them off.
    • Families awarded $17M in fatal midair collision lawsuit - AP, The Associated Press (04/12/2017)
      A jury has awarded the families of two helicopter pilots killed in a 2014 midair collision with a small plane in Maryland a total of $17 million. The Frederick News-Post reports Midwest Air Traffic Control Services will pay the family of 29-year-old Christopher Parsons $5 million and the family of 47-year-old William Jenkins $12 million, per Tuesday's decision. The company, which was sued for negligence, had claimed the pilots' lack of awareness caused the crash.
    • Ikea and McDonald's lead to surge in children's product recalls in 2016 - Robert Channick, The Chicago Tribune (04/03/2017)
      Deadly Ikea dressers and faulty McDonald's fitness wristbands last year led to the largest number of children's product recalls in more than a decade, but companies still aren't moving fast enough to get dangerous products off the shelves, safety advocates said Monday. There were 76 children's products and nearly 67 million units recalled in 2016, according to an annual report released Monday by Kids In Danger, a Chicago-based nonprofit. Ikea, which recalled chests and dressers in its Malm collection, and the McDonald's recall of promotional Step-iT activity wristbands, accounted for about 29 million units each. The Ikea recall in July came after three reported deaths from Malm furniture tipping over and crushing children. A fourth fatality several years earlier also was associated with the product after the recall was issued. Three other fatalities were attributed to other lines of Ikea furniture.
    • Study: Every eight minutes, a baby is injured using a nursery product - Ashley May, USA TODAY (03/13/2017)
      More than 66,000 children younger than three go to the emergency room annually for accidents involving nursery products, according to a new study. That's about one every eight minutes. . . . A Nationwide Children's Hospital study published in the Pediatrics journal Monday looked at emergency room visits over a 21-year period, January 1991 through December 2011. Research showed nursery product-related injuries increased nearly 25% within the last eight years of the study. . . . In eighty percent of the injury cases, the baby fell out of the product. For the purposes of the study, the term nursery products encompassed a host of baby products, including baby walkers, bouncers and changing tables. Most common injuries occurred with baby carriers (20%), cribs/mattresses (19%) and strollers (17%). Eighty-one percent of the injuries affected the head, face or neck.
    • American Airlines flight attendants file 2,600 complaints, but uniform issues continue - Conor Shine, Dallas News (01/24/2017)
      Within a week of the uniforms’ debut, about 500 flight attendants had reported eye and skin irritation, headaches and a variety of other symptoms they attributed to their new outfits. What has followed is a medical mystery that is entering its fifth month. American and uniform manufacturer Twin Hill have made repeated assurances that the garments are safe. Still, the number of flight attendants reporting symptoms they blame on their uniforms continues to rise by about 10 per day and sits at 2,600, according to the Association of Professional Flight Attendants…The two sides are preparing for a new round of joint tests on the uniforms, while some flight attendants have begun contacting lawyers ahead of possible legal challenges. But for now, there’s no clear resolution in sight, or even a hint of what’s making American’s flight attendants sick.
    • Eleventh Circuit Upholds Economic Loss Rule in Product Liability Lawsuits - National Law Review (01/05/2017)
      The Economic Loss Rule is a doctrine of law that prohibits a product liability claim being brought against a manufacturer for a defective product that only destroys itself, without harm to other property or to a person. In those instances where the product fails but only damages itself and nothing else, the plaintiff’s only remedy is to sue for breach of contract against the manufacturer of the product. The plaintiff cannot seek recovery from the manufacturer under product liability causes of action. The Economic Loss Rule has historically served as the boundary between tort and contract law. Despite the fact it is part of the basic fabric that makes up tort law, it is still challenged by plaintiffs in product liability actions. . . . On December 20, 2016, the U.S. Court of Appeals, Eleventh Circuit upheld a district court’s decision dismissing a product liability negligence claim made against a manufacturer, upholding the Economic Loss Rule’s application in product liability cases.

    2016

    • Schumer says recall of e-cigarettes need to be considered - Boston Globe (12/28/2016)
      Senator Charles Schumer is increasing the heat on the federal government to consider recalling e-cigarette batteries and devices that explode and catch fire, injuring users. Schumer, a New York Democrat, has called e-cigarettes ‘‘ticking time bombs’’ and said they continue to cause injuries including severe burns. At a press conference Sunday, Schumer cited a recent article saying the FDA identified about 66 explosions in 2015 and early 2016 after recording 92 explosions from 2009 to September 2015. He said he wants the Consumer Product Safety Commission and the Food and Drug Administration to figure out why so many devices, many from China, are exploding. He said the recent injuries are proof federal action is needed. As the use of e-cigarettes has increased over the past year, similar painful accidents have been recorded with greater frequency, with faulty lithium-ion batteries seen as the likely culprits.
    • Blumenthal Asks For Recall After E-Cigarette Explodes In Stratford Man's Mouth - Russell Blair, Hartford Courant (12/23/2016)
      After an electronic cigarette exploded in a Stratford man's mouth, knocking out his teeth and sending him to the hospital, U.S. Sen. Richard Blumenthal is redoubling his efforts to regulate the devices.
    • Vapers sue e-cigarette makers, sellers after explosions, burns - JoNel Aleccia , The Seattle Times (11/13/2016)
      Four Northwest residents who claim they were hurt when e-cigarettes caught fire or exploded said Thursday they’ll sue the manufacturers and sellers of the popular vaping devices. The alleged victims, from Washington and Oregon, suffered severe burns and other injuries, including damage that required skin and bone grafts. They held a news conference with their lawyer, James S. Rogers, of Seattle, who has joined with Gregory Bentley, an Irvine, Calif., lawyer who represents dozens of people who claim they’ve been harmed when the lithium-ion batteries in defective devices misfired. A woman in Riverside, Calif., was awarded nearly $1.9 million by a jury last year after she sued the manufacturer, wholesaler and the store where she bought an e-cigarette device that burned her, leaving permanent scars.
    • First it was Samsung phones. Now it’s exploding Samsung washing machines - Katie Mettler , The Washington Post (09/29/2016)
      In one instance, metal shards flung into a hallway and ripped holes in the wall. Laundry rooms have flooded. A whole house shook. The cause of this carnage, according to a federal class action lawsuit filed last month, is another exploding product made by Samsung. Not smartphones, but washing machines. It’s not the sort of explosion, as with the lithium ion batteries in phones, caused by chemical reactions. Some washing machines, the suit alleges, vibrate violently under heavy loads, causing the tub to “become unfastened, resulting in a dramatic centrifugal explosion that destroys the machine and nearby property.” The lawsuit alleges that Samsung has known of its exploding washing machine problem for years and did little to warn consumers. The plaintiffs — three women from Texas, Indiana and Georgia — demanded, among other things, the immediate release of a safety warning about the top-loading washing machines in question. On Wednesday, more than a month after the lawsuit was filed, the U.S. Consumer Product Safety Commission issued a statement about “safety issues” with Samsung washers.
    • L'Oreal Causes Hair Loss? US Class Action Lawsuit Says Product Uses Toxic Substances - Clark Mindock, International Business Times (09/16/2016)

       A hair relaxer marketed by top notch celebrities from Cynthia Bailey to first lady Michelle Obama is the target of a new U.S. class-action lawsuit amid allegations that the product actually causes hair loss. The L’Oreal product, which promises “fuller, silkier hair” causes “disturbing and distressing injuries including hair loss and breakage as well as scalp irritation, blisters and burns,” according to the lawsuit, which was filed Wednesday in a California federal court. There are already 100,000 plaintiffs, said attorney Ben Meiselas, who is known for representing celebrities like Michael Jackson in court, according to Agence France-Presse. Meiselas estimates that the penalties could reach into the hundreds of millions of dollars range but that he is willing to start settlement talks if the French cosmetics giant is interested.

       

    • Their hair fell out. Should FDA have the power to act? - American Pharmacist Association (08/17/2016)

      Hair loss allegedly caused by using the Wen brand, along with complaints about other potentially unsafe cosmetics, has prompted a proposed crackdown on the virtually unregulated beauty care industry. A bill introduced last year would empower FDA to require that manufacturers notify it of serious adverse reactions to their cosmetics; the measure also would allow the agency to test ingredients used in beauty products and demand recalls of those deemed dangerous.

    • Ikea extends dresser recall to China following outcry - Daphne Howland, Retail Dive (07/13/2016)
      Bowing to heavy criticism from Chinese consumers, Ikea has expanded its furniture recall to some 1.7 million dressers and chests sold across the mainland China market.
    • Product Recalls Rise With Better Detection and Fewer Suppliers - Stacy Cowley, The New York Times (05/29/2016)

      Across almost every product category, the scope and complexity of recalls are on the rise. Two trends are driving the increase, consumer advocates and regulators say. First, the high number of recalls is in some ways a sign of improvements in attention to public safety. But sales and manufacturing changes, including many industries’ reliance on fewer, more widely shared suppliers, also make today’s recalls larger and more complicated than before.

    • E-cigs are exploding in vapers’ mouths, leaving gruesome injuries - JoNel Aleccia, Seattle Times (02/20/2016)
      The way his lawyer tells it, 24-year-old Daniel Pickett was driving down a small-town street in Central Washington last December when the electronic cigarette he was holding made a funny noise…
    • Lasers targeting planes: what we know about the growing problem - Nadia Khomami, The Guardian (02/15/2016)
      In November 2015 a British Airways pilot was left with significant damage to his eyesight after a “military strength” laser was shone into the cockpit of his plane while he was landing at Heathrow. The pilot suffered a burned retina in his right eye.
    • A lawsuit seeking to force Philip Morris to pay for a medical monitoring program for a group of Massachusetts smokers heads to trial this week, a decade after it was filed - Denise Lavoie, AP (01/26/2016)
      A group of smokers from Massachusetts is seeking to force Philip Morris USA to pay for a monitoring program to detect early signs of lung cancer.

    2015

    • E-cigarettes are no safer than smoking tobacco, scientists warn - Sarah Knapton, The Telegraph (12/29/2015)
      Vaping is no safer that smoking, scientists have warned after finding that e-cigarette vapour damages DNA in ways that could lead to cancer.
    • California company sued over chemicals in e-liquids - Raquel Rutledge, Milwaukee Journal Sentinel (11/17/2015)
      In one of the first lawsuits filed in the United States by consumers alleging harm from liquids used in e-cigarettes or other vaping devices, three people from across the country are accusing a California manufacturer of misleading the public about dangerous chemicals in its e-juices.
    • Graco to Pay $10 Million for Delay in Recall of Defective Child Seats - Christopher Jensen, NY Times (03/20/2015)
      Graco Children’s Products has agreed to pay $10 million to settle claims that it failed to recall promptly about four million child car seats with a defective buckle that could make it difficult to free a child in an emergency, federal regulators said on Friday.

    2014

    • Virginia Sues Maker of Potentially Risky Guardrail - Danielle Ivory and Aaron M. Kessler, New York Times (12/14/2014)
      Virginia is suing the guardrail maker Trinity Industries, saying that it sold the state thousands of pieces of potentially dangerous, improperly tested and unapproved products.
    • Highway Guardrail May Be Deadly, States Say - Danielle Ivory, Aaron M. Kessler, New York Times (10/12/2014)
      Federal highway officials had long insisted that guardrails throughout the state were safe. But some guardrail heads had apparently malfunctioned, in essence turning the rails into spears when cars hit them and injuring people instead of cushioning the blow, Missouri officials said.
    • Remington confirms it will replace millions of triggers - Mike Dennison, Billings Gazette (07/11/2014)
      The Remington Arms Co. has confirmed it will offer to replace trigger mechanisms on millions of Model 700 bolt-action hunting rifles, as part of a class-action lawsuit settlement reported earlier this week.
    • Safety Last: Lies and cover-ups mask roots of small-plane carnage - Thomas Frank , USA Today (06/12/2014)
      Safety deficiencies in private aircraft have contributed to thousands of deaths and injuries over the past five decades, according to a USA TODAY analysis and reports by the FAA itself.
    • The Supreme Court of the United States Opens the Door to Additional Whistleblower Claims and Shareholder Litigation - Sarah K. Goldstein, Esq., Gregg J. Breitbart, Esq., and Rina Spiewak, Esq., Kaufman, Dolowich, Voluck (03/10/2014)
      On March 4, 2014, in a 6-3 decision, the United States Supreme Court extended whistleblower protections afforded by the Sarbanes-Oxley Act of 2002 (“SOX”) to employees of private companies that contract with public companies in a case called Lawson et al. v. FMR LLC et al.
    • Mouthwash users 'risk a heart attack’ - Kate Ferguson, Express (01/27/2014)
      Used by millions of Britons every day, they can increase blood pressure by killing off “good” bacteria that help blood vessels relax

    Additional Items

    By far and away the most well rounded and useful Cat-focused industry conference out there. Perfect for all levels within the industry. From the conference content, the presenters and the attendees, this conference is a can’t miss for those interested in expanding their knowledge and learning more about cat related insurance and reinsurance modeling topics Nick DiMuzio, Everest

    "Fantastic, enriching conference - brilliantly planned and run, illuminating talks and excellent opportunities for networking across multiple areas of catastrophic risk.” Gary Ackerman, University at Albany

    “From a treaty underwriter's point of view, RAA presented relevant topics related to today's macro events. Scientific presentations provided insight that I can incorporate in underwriting and share with my clients.” Eric B. Silberman, Munich Re

    "Great conference with some of the biggest names in the business presenting their work. What more could you ask for?” Ron Nash, Nash Consulting

    “A perfect introduction to the world of reinsurance. Relevant topics, great speakers and the opportunity to network with industry peers makes this a must go event.”
    Tom Barrett, Everest Re

    Demystifying Reinsurance was an excellent tool to clearly understand and break down the basics. Very good class and recommend it for beginners and even as a refresher course for the intermediate student.”
    Chenessia West, TransRe

    “Re Basics is the ideal opportunity whether an industry professional or student of insurance to understand the in and outs of reinsurance while being able to network with persons spread across the whole industry.”
    Darius Zuill, Bermuda Monetary Authority

    “This has been the best reinsurance seminar that I have been to! Whether a reinsurance seasoned vet or new to the field, this is an engaging seminar that addressed specific issues of the reinsurance market.”
    Michelle Thimm, Church Mutual Insurance 

    “Re Underwriting provided a comprehensive and interesting overview of underwriting in the current market with a major (and interesting) focus on trends. Very useful for underwriting and non-underwriting alike.”
    DeVika Bourne, PartnerRe

    “Very informative experience, and a great way to keep up to date on current underwriting events and trends.”
    Steven Whalen, Aspen Re

    “Time well spent in learning the updated underwriting business and networking!”
    Christine Chen,  Everest Re 

    “The panels and presentations were thought provoking and fascinating as numerous topics were covered affecting the industry. I’m leaving the conference with a greater insight of the future market.”
    Brittany de Frias, AXIS Capital 

     

    “RAA Re Finance was the first RAA seminar I attended, and I was thoroughly impressed with the speakers and content. I learned a great deal from the presentations and intend to bring some new ideas back to my company and share with the team!”
    Taylor Robinson, ICW Group

    “Fantastic slate of instructors who thoughtfully walked us through financial reporting and other aspects of reinsurance finance. They used terminology that non finance people (lawyers) could understand. Really great program.”
    Steven Bazil, The Bazil Group

    “If you are in Reinsurance Accounting/Finance, you need to take this course to help you with your job.”
    Frank Borawski, Markel  

    “The speakers were excellent! There is something to be said about a person, and in this case a group of people, who can take time away from their busy schedules and explain to everyone something they feel passionate about in a manner that's understandable. My only complaint is that I wish we had more time with them.”
    Jessica Mieles, Sompo International

    “The RAA ReContracts is the most comprehensive reinsurance contract wording training available in the U.S. market.”
    David Kragseth, Guy Carpenter   

    “The course was very helpful in addressing different viewpoints and important things to consider in contract design and review.”
    Andy Martin, AmericanAg 

    “The RAA contract course was very informative and interesting. It covered a wide range of Reinsurance Contracts Types. In my Reinsurance Career, I have had the opportunity to work on a limited type of contracts, so I learned a lot.”
    Vivian Castro, Arch Insurance Company 

    “The RAA Contracts course provides the opportunity to engage with relevant topics, taught by industry experts, in both seminar and small group environments. The course material and industry experts provide an understanding on a wide range of subjects.” 
    Kevin English, LMRe

    “Participation in Re Claims should be mandatory for all P&C reinsurance underwriters. It’s truly an eye-opener, providing an in-depth look from a claims manager’s perspective on what happens to the business that we underwrite. There are lots of do’s and don’ts to pay attention to. Re Claims answers all the hard questions."  Michael Delacruz, China Re P&C

    “I absolutely love this program. I learned so many new things. Reinsurance from the industry’s top executives, interactive activities, interesting panels, and innovating presentations makes for an intriguing few days. Well worth the time and money.” Chenessia West, TransRe

    “As a reinsurance attorney I find Re Claims highly valuable to stay abreast of emerging issues. Also, being walked through practical case studies is extremely helpful in creating a thorough understanding of how contracts work.” Steven Bazil, The Bazil Group

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