Tagged Articles

litigation 1073 articles

High levels of toxic cadmium found in children’s jewelry from China

On the Centers for Disease Control and Prevention’s priority list of the 275 most toxic substances in the environment, the heavy metal cadmium is ranked seventh. Unfortunately, in an investigative report, the Associated Press found that cadmium is being used in large quantities to make children’s jewelry and other products that are sold in the United States. The country of origin for almost all of these products is China. In its investigation, the AP purchased 103 pieces of children’s jewelry from stores such as Wal-Mart and Claire’s in New York, Ohio, Texas, and California. The jewelry was then analyzed for ... Read More

ATV deaths prompt Mississippi to consider better ATV legislation

In December we reported how one Mississippi coroner became an advocate of stricter laws governing the use of all-terrain vehicles in her state after witnessing the injury and death the vehicles can cause. Now, other people in that state are echoing the call for more ATV legislation, including the Sheriff of Warren County, Mississippi and two state lawmakers. Mississippi remains one of the few states with almost no laws restricting the use of ATVs. As a result, the number of ATV-related injuries and deaths in Mississippi is three times higher than in most other parts of the country. Tragically, in ... Read More

Toyota recalls the most vehicles for first time ever

For the first time ever, Toyota took top spot in the U.S. auto industry for the total number of vehicles recalled within a year. Toyota’s most recent recall of 4.3 million vehicles for sudden, unintended acceleration problems hurdled the company to the top of the 2009 recall list, just above Ford. According to a report by the Detroit Free Press, auto manufacturers recalled 15.2 million vehicles in 2009, a 56 percent leap over the 8.6 million of cars recalled in 2008. Toyota vehicles represent more than 31 percent of all the vehicles recalled in 2009. About 88 percent of all ... Read More

Federal Yamaha Rhino cases set for multidistrict litigation next year

All of the lawsuits involving the Yamaha Rhino that were filed in federal court have been brought together for pretrial litigation under U.S. District Judge Jennifer B. Coffman in the Western District of Kentucky. Judge Coffman will preside over five trials scheduled to open between October 2010 and January 2011. Because more than 500 lawsuits have been filed in federal courts throughout the U.S., a “bellwether” approach is being taken to manage the caseload. A group of plaintiffs will be selected to represent all of the other plaintiffs in the case. Bellwether trials are occasionally formed when large numbers of plaintiffs ... Read More

“Made in China” often means “Buyer Beware”

Toys with lead paint, contaminated food, toxic drywall, defective all-terrain vehicles – these are just some of the Chinese exports that have spawned massive safety recalls and personal injury lawsuits in the last couple of years. In 2007, made-in-China products accounted for more than 82% of all U.S. consumer product recalls. Assuming that U.S.-China trade relations remain normal, what will the future of the American marketplace look like in 5 or 10 years? Will it be rife with all sorts of defective and dangerous imports or will Chinese manufacturers eventually embrace what it means to make a “quality” product? The ... Read More

Toyota mails recall announcements, but no fix yet

Yesterday I finally received the letter from Toyota announcing the recall of my Tacoma truck and 7 other Toyota and Lexus models manufactured in recent years. Toyota announced last month that it would notify owners of certain models that their vehicles had the potential to accelerate suddenly and unexpectedly. The company has been working with the National Highway Traffic Safety Administration to discover the cause of the problem, develop a solution, and keep consumers informed. Since the recall was first announced, Toyota has focused on floor mats as the likely culprit. In my Tacoma, the floor mat is secured in ... Read More

California men file sudden acceleration lawsuit against Toyota

“Neither driver error nor floor mats can explain away many other frightening instances of runaway Toyotas,” said an attorney for two men who filed a lawsuit against the car manufacturer in a California federal court on November 5. “Until the company acknowledges the real problem and fixes it, we worry that other preventable injuries and deaths will occur,” the attorney for the men said. Toyota and Lexus owners have lodged more than 2,000 complaints of sudden and unintended acceleration against Toyota, according to the lawsuit. Toyota’s unintended acceleration problem has caused numerous accidents, resulting in 16 deaths and 243 injuries, ... Read More

Toyota issued misleading and inaccurate recall info, NHTSA says

The National Highway Traffic Safety Administration (NHTSA) issued a statement on Thursday to correct what it said was “inaccurate and misleading information” announced and circulated by Toyota about its latest safety recall. The car manufacturer is recalling 3.8 million Toyota and Lexus vehicles to correct a defect that can cause the vehicles to accelerate suddenly and unintentionally. Since the NHTSA first announced the recall on September 29, there has been a lot of conflicting information and confusion about the cause and solution of unintended acceleration in the recalled vehicles. Early media reports claimed that floor mats caused the problem because ... Read More

Toyota may use “smart pedal” to fix unintended accleration problem

A safety feature common in most German vehicles, which reduces the likelihood of an unintended acceleration, could have prevented the injuries and deaths of people caught in runaway Toyotas. According to a report published by the New York Times, the technology isn’t new. It just hasn’t been adopted by most automobile manufacturers outside of Germany. Toyota, however, is reportedly considering implementing this technology as a solution to the acceleration problems in up to 3.8 million Toyota and Lexus vehicles. Toyota announced last month that it would soon issue a vehicle recall over concerns that the driver’s side floor mats can ... Read More

What should you do in a car that speeds out of control?

Toyota is telling drivers of certain Toyota and Lexus cars and trucks to remove their driver’s side floor mats immediately until the company can develop a solution to its floor mat problem. The company announced in its September 29 safety advisory that the accelerator pedal may become jammed in full open position when an “unsecured or incompatible floor mat” is used, causing the vehicle to accelerate unintentionally. Previously we have reported on this web site that some of the drivers who became caught in a runaway car were unable to remedy the situation. There’s the story of Bulent and Anne Ezal, ... Read More