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High Court Refuses to Hear Tobacco Appeal

R.J. Reynolds Tobacco Co will not be able to appeal a 2009 verdict in which Mathilde Martin was awarded $3.3 million in compensatory damages and $25 million in punitive damages for the death of her husband from lung cancer due to smoking Reynolds’ Lucky Strike cigarettes.

Reynolds appealed the verdict arguing that the company’s constitutional rights under due process had been violated and that the ruling could impact the thousands of cases against tobacco companies pending in Florida courts. More High Court Refuses to Hear Tobacco Appeal

Skechers Hit with Large Class Action Lawsuit over Shape-ups

37 people have filed a class action lawsuit in San Diego, California against Skechers alleging the shoe company’s negligence and fraud caused serious injury to those who bought and wore Shape-ups or Tone-ups shoes. This is the largest class action lawsuit filed against Skechers so far.

One of the plaintiffs in the class action lawsuit, Lisa Baseet, said that after nine months of wearing the shoes, she twisted her ankle and tore the ten More Skechers Hit with Large Class Action Lawsuit over Shape-ups

Family of Officer to File Lawsuit against Ford

lawsuit in Dougherty County, against Ford Motor Company after Officer Flemming’s 2011 Ford Crown Vic Police Interceptor burst into flames after colliding with a second cruiser during a chase to apprehend Kentrell Butler, 22, and Wesley Wilkerson, 22, who were suspected of armed robbery.

An attorney for the family told reporters that upon investigation it seems that certain mechanisms inside the vehicle failed, causing the car to burst into flames. He said the family is waiting on the final autopsy reports before concluding their investigation. The family claims that Flemming should have been better protected while on duty, during a high speed chase, in a vehicle specifically built for that purpose. More Family of Officer to File Lawsuit against Ford

Knauf Plasterboard agrees to $800M settlement with 4,500 homeowners for toxic Chinese drywall

The manufacturer of toxic Chinese drywall has agreed to pay $800 million to settle thousands of claims from homeowners who say the defective building material has caused extensive property damage and health side effects.

According to a Bloomberg report, Knauf Plasterboard Tianjin Co. agreed to the terms of a settlement with approximately 4.500 homeowners who had the company’s toxic drywall installed in their home.

Chinese drywall became a popular, inexpensive alternative to domestically-produced wallboard during the housing boom earlier this decade. It was used throughout states where new homes were built in the thousands and Knauf already faces more than 12,000 damage claims from homeowners with the plaster board installed in their homes. Because the toxic drywall uses inferior products and wasn’t manufactured properly it led to myriad problems for homeowners and the contractors who built the homes. More Knauf Plasterboard agrees to $800M settlement with 4,500 homeowners for toxic Chinese drywall

Henry Gordy to Pay $1,100,000 For Children’s Toy Dart Gun Sets

The U.S. Consumer Product Safety Commission has issued a notice that Henry Gordy International, Inc., has agreed to pay a civil penalty of $1,100,000 for knowingly failing to report a safety defect and hazard with the “Auto Fire Target Set” as required by law, and for making a material misrepresentation to the CPSC during an investigation.

The CPSC alleges that Henry Gordy knew on or about 2006 that the target set was defective and could cause harm but failed to report this to the CPSC. The toy is considered defective because the plastic toy dart can be inhaled into the throat of a child and prevent them from being able to breathe. Henry Gordy also did not report all if the information they were aware of to the CPSa during the investigation. More Henry Gordy to Pay $1,100,000 For Children’s Toy Dart Gun Sets

Class Action Lawsuit Filed Against Daimler For Mercedes Engine

A putative class action lawsuit has been filed by Cedric Chan in New Jersey federal court against Daimler AG, alleging the high-performance M156 engines in the 2007 Mercedes-Benz E63 AMG are defective, prone to premature wear and failure, and should have been recalled. The vehicles sell from $60,000 to $200,000.

The lawsuit comes after Chan, a resident of California, spent about $4,600 to repair engine parts on the left side of his E63. He then began to experience problems on the right side of the engine block, including premature wear of the camshafts and lifters. Chan eventually traded the car in at a $25,000 loss. According to the lawsuit, Daimler has known about the defects of the engine since introducing it in 2007, and has mechanics service bulletins covering replacing of engine parts. “The premature wear can cause eventual catastrophic engine failure, resulting in a necessary replacement of the entire engine block, costing tens of thousands of dollars,” the lawsuit said. More Class Action Lawsuit Filed Against Daimler For Mercedes Engine

Class Action Against Maytag Will Proceed

Gary Woods filed a class action lawsuit on December 10, 2009 in Nassau Country Court, Mineola, New York, alleging implied warranty of fitness and breach of the implied warranty of merchantability after an igniter on a stove that bought in 2005 malfunctioned and caused the oven to explode. Woods said in the lawsuit that Maytag knew of, and intentionally concealed the igniter defect.

The lawsuit also named Plesser’s M.S.H., a department store in Babylon, New York, where Woods bought the stove. Woods is represented by  Andres F. Alonso, Partner, and Daniel C. Burke, Associate with the national law firm of Parker Waichman Alonso LLP. More Class Action Against Maytag Will Proceed

Perfect Fitness Pays $425,000 Penalty For Hazardous Equipment

The U.S. Consumer Product Safety Commission announced that Perfect Fitness has agreed to pay $425,000 civil penalty in a case where staff members alleged the company failed to report to CPSC immediately about a defect with Perfect Pullup exercise equipment in which the handles of the product break during use, resulting in a fall hazard for users.

CPSC alleges that Perfect Fitness knew in June 2008 that the equipment handles were defective after receiving a complaint and a high number of product returns. The company redesigned the handles in July 2008. Perfect Fitness allegedly knew of at least 23 injuries caused by the defective product, and told consumers about the “inferior” handles and the potential for an accident. More Perfect Fitness Pays $425,000 Penalty For Hazardous Equipment

Texas Man Sues Four Loko Over Stroke

Texas resident Robert Villa has filed a product liability lawsuit against Four Loko manufacturer Phusion Projects, alleging that he suffered a stroke after drinking two cans of Four Loko purchased in Donna, Texas in 2010.

Villa claims that his right leg and arm went numb before he passed out. When he woke, he had a headache and began vomiting. He was diagnosed with having suffered a stroke. More Texas Man Sues Four Loko Over Stroke

Oral Cancer and Listerine Link Suppressed

Oral Cancer Prevention International Inc., has filed a lawsuit in Trenton, New Jersey, against OraPharma Inc., a former unit of Johnson & Johnson, for interfering in a contract over distribution of an oral cancer test, Bloomberg reports.

According to the lawsuit, OraPharma agreed to distribute OCPI’s Oral CDx Brush Test, which can identify pre-cancerous cells in the mouth. Soon after, a study published in Australia linked mouthwashes with a high alcohol content to cancer. Johnson & Johnson, according to claim in the suit, did not want to  “lend credence to the link between Listerine and oral cancer” by selling mouthwash like Listerine and OralCDx. More Oral Cancer and Listerine Link Suppressed