Hedge clipper manufacturer not liable for landscaper's loss of fingers, says jury

Forty-one of the fifty-one rules proposed by NHTSA and FDA Contain Federal Pre-Emption Language

The concept of federal preemption, rooted in the Supremacy Clause of the Constitution, is underlying this bureaucratic version of lawsuit reform. Federal preemption refers to situations in which federal regulation and law trumps state law. The issue at hand is whether or not companies can use the broad preemption language in regulatory preambles to get the case thrown out. An expansive interpretation of the preemption doctrine leaves little room for consumers to sue, and that is what has been taking place recently.

Here is a fact paper offered by the Pennsylvania Association for Justice on Federal Preemption in relation to defective products.

Candy with chemical in Chinese milk found in Conn.

"We're concerned, obviously, there may have been bags sold of these before we got to them," Farrell said.  Anyone who has the candy should destroy it, Farrell said.

The contamination has been blamed for the deaths of four children and kidney ailments among 54,000 others. More than 13,000 children have been hospitalized and 27 people arrested in connection with the tainting.

Melamine, which is high in nitrogen, is used to make plastics and fertilizers and experts say some amount of the chemical may be transferred from the environment during food processing. But in China's case, suppliers trying to boost output are believed to have diluted their milk, adding melamine because its nitrogen content can fool tests aimed at verifying protein content.

Can Seller of Defective Used Equipment be Strictly Liable in New York?

Mario Miquel Jaramillo was injured at work when his right hand was caught between two rollers on a 1964 Flexo Folder Gluer (“FFG”) which his employer, Glenwood Universal Packaging, purchased as used equipment from Weyerhaeuser Company in 1986. The evidence demonstrated that Weyerhaeusar sold an average of 3 used FFG’s per year, owned patents related to technology used in FFG’s, and had a working relationship with FFG manufacturers.

Jaramillo filed a complaint in New York state court against Weyerhaeuser alleging strict product liability. The case was removed to federal district court (S.D.N.Y.) and Weyerhaeusar was granted summary judgment as a casual seller of FFG’s under New York law and, therefore, could not be held strictly liable.

Casual sellers and regular sellers are distinguished in New York case law in strict product liability actions. The casual seller is only liable if it fails to warn the consumer of known defects that are not obvious or easily recognizable. The appellate court also noted that whether strict liability applies to sales of used goods, as in the present matter, is an open question under New York law.

After an examination of similar case law, the Second Circuit determined that it was necessary to have a resolution of the question of whether a seller of used industrial equipment can be deemed a “regular” seller in order to consider the propriety of summary judgment. To answer that question, it was certified to the New York Court of Appeals. The Second Circuit retained jurisdiction pending the outcome of the certification.

More news on the Whole Foods beef recall

From The New York Times:

Whole Foods Market said Monday it would tighten oversight of its suppliers to keep substandard products out of stores, after recalling ground beef that apparently sickened customers in two states.

After coming under new ownership, Coleman Natural began using a slaughterhouse in Omaha that had received multiple citations and had fought a long-running battle with the Agriculture Department. The government has said the plant was the source of ground beef that has sickened scores of people around the country.

Most of the beef was sold at grocers other than Whole Foods and recalled this summer. An additional 1.2 million pounds were recalled on Friday by the processor after illnesses in several states were tentatively linked to ground beef sold at Whole Foods and other stores.

At least four regional grocery chains — Fred Meyer, King Soopers and City Market, all owned by the Kroger Company, and Dorothy Lane — have also recalled suspect beef packages in recent days.

When does ATV riding become illegal?

I often blog about AVT (All Terrain Vehicle) accidents and law suits; therefore, I thought this editorial from The Daily Review is very good.

See it here.

New Consumer Safety Legislation