The American Trucking Associations is suing the Department of Transportation on proof of hours-of-service rules. In the lawsuit filed January 19, 2010, the association asked the U.S. District Court for the District of Columbia to order DOT to issue a notice of proposed rule-making within 60 days on the supporting hours-of-service documents carriers must keep and how long they must be kept. Typically, those documents include not only driver log books but fuel and toll receipts, dispatching records and many other papers and, increasingly, electronic data. DOT is working on a rule that could require electronic onboard recorders on trucks.
The lawsuit by the trucking industry against DOT may be in retaliation as the Federal Motor Carrier Safety Administration began hearings on the hours of service (HOS) rules. The ATA supports regulations issued by the Bush administration in late 2008, which the FMCSA is now conducting safety hearings on the expanded hours of duty and drive time and the safety risk to the motoring public. The FMCSA in November said it would release a proposed HOS rule this year and a final rule by August 2011.
Here is a press release our Firm sent out:
Within the past two days, the U.S. Consumer Safety Product Commission (CPSC) has announced the recall of over two million children’s products including drop-side rail cribs and popular Graco strollers. The recalls were initiated after the products were linked to serious injuries and death in infants and children.
Attorney Richard Arsenault, who represents victims of dangerous products, has seen first-hand the damage these faulty items can cause. Arsenault recently filed a wrongful death lawsuit (U.S. District Court for the Western District of Louisiana; Docket # 6:09-CV-01976) in the nation’s largest crib recall. His client’s 7-month-old son was found suffocated to death in a drop-side rail crib. The infant’s death, along with the suffocation deaths of three other babies, prompted the CPSC to recall over 2.1 million Stork Craft brand cribs.
Victims’ rights groups have argued that the design of drop-side rail cribs is inherently dangerous and have attributed the deaths of over 100 infants within the past 15 years. They have urged the government to ban this type of design, a recommendation that is under review, but so far has not been acted upon.
“This story is heartbreaking and the fact patterns are strikingly similar – a gap in the drop-side rail allows the child to become wedged between the rail and the mattress, leading to suffocation or other serious injuries. Our regulatory agencies say drop-side rail cribs are under review, but that comes as little solace to the families who have already lost babies in this tragic, unnecessary way,” added Arsenault.
In addition to the recent recalls of more than three million drop-side rail cribs from various manufacturers, yesterday the CPSC announced the recall of 1.5 million Graco strollers after receiving several reports of children suffering finger lacerations and amputations caused by the strollers’ hinges.
Graco, one of the nation’s most popular producers of strollers and child travel systems, is offering a repair kit to cover the dangerous hinges. Unfortunately, this repair likewise comes too late for the children who have already suffered from fingertip amputations and lacerations, Arsenault said.
“Corporations owe consumers safe products – especially when the products are intended for infants and children. It’s not enough to fix the problem once the products are on the market. These manufacturers need to be making products that are safe right off the assembly line,” said Arsenault.
A visit to the CPSC’s recalls Web site reveals dozens of recalls targeted at children’s products from strangulation and suffocation hazards, to lead contamination, to risk of serious injury, some of which involve America’s most trusted brand names.
“The current safety standards established for many infant and children’s products are too weak and the enforcement capabilities of our regulatory agencies are inadequate. At some point the hope is that a strong and properly funded regulatory agency along with civil litigation will motivate wayward companies to clean up their act and make safety the priority it needs to be,” concluded Arsenault.
Neblett, Beard & Arsenault partner, Attorney John Randall Whaley, will be one of the featured presenters in an upcoming legal seminar. The course entitled, Lone Pine Orders in Class Action, Mass Tort and Products Liability Litigation: Bringing and Defending Pre-Trial Motions Regarding Exposure, Causation and Damages.
“Lone Pine” orders are a critical case management tool to identify and dismiss claims in mass tort and class action litigation. The order requires plaintiffs to produce evidence to support a prima facie claim early in the litigation, specifically on the issues of exposure, causation, and damages.
Whaley was asked to present the program because of his experience in mass tort/complex litigation. He has tried many cases and class certification issues in both state and federal courts, as well as having argued in many appellate courts. Whaley’s practice focuses on class actions, complex litigation, consumer protection, wrongful death, and serious personal injury representing victims and consumers injured by the negligence and fraud of others.
The U.S. Food and Drug Administration is warning consumers about a counterfeit and potentially harmful version of Alli 60 mg capsules (120 count refill kit).
Preliminary laboratory tests conducted by GlaxoSmithKline (GSK)—the maker of the FDA approved over-the-counter weight-loss product— revealed that the counterfeit version did not contain orlistat, the active ingredient in its product. Instead, the counterfeit product contained the controlled substance sibutramine. Sibutramine is a drug that should not be used in certain patient populations or without physician oversight. Sibutramine can also interact in a harmful way with other medications the consumer may be taking.
Consumers began reporting suspected counterfeit Alli to GSK in early December 2009. GSK has determined that the counterfeit product has been sold over the internet. However, there is no evidence at this time that the counterfeit Alli product has been sold through other channels, such as retail stores.
The counterfeit Alli product looks similar to the authentic product, with a few notable differences. The counterfeit Alli has:
Consumers who believe they have received counterfeit Alli are asked to contact the FDA’s Office of Criminal Investigations (OCI) by calling 800-551-3989 or by visiting the OCI Web site.
MuscleMaster.com, Inc. (“MuscleMaster.com”) announced today that it is conducting a voluntary nationwide recall of all lots and expiration dates of the seventeen below listed dietary supplements sold between June 1, 2009 and November 17, 2009 (hereinafter “Recalled Products”).
FDA informed MuscleMaster.com that it believes that the Recalled Products contain ingredients that are steroids. Specifically, FDA advised MuscleMaster.com of its concern that the Recalled Products may contain the following ingredients that are currently classified, or the FDA believes should be classified, as steroids: “Superdrol,” “Madol,” “Tren,” “Androstenedione,” and/or “Turinabol.” While MuscleMaster.com cannot independently confirm the FDA’s concerns, that any one or more of the Recalled Products in fact contain these ingredients, MuscleMaster.com is undertaking this voluntary recall out of an abundance of caution and in deference to FDA’s stated concerns.
Acute liver injury is known to be a possible harmful effect of using steroid-containing products. In addition, steroids may cause other serious long-term adverse health consequences in men, women, and children. These include shrinkage of the testes and male infertility, masculinization of women, breast enlargement in males, short stature in children, a higher predilection to misuse other drugs and alcohol, adverse effects on blood lipid levels, and increased risk of heart attack, stroke, and death.
MuscleMaster.com is recalling the following products:
Advanced Muscle Science Dienedrone, 60 caps
Advanced Muscle Science Liquidrone, 60 ml
Anabolic Formulation M1, 4AD, 60 caps
Anabolic Formulations 1, 4 AD, 60 caps
Anabolic Xtreme Hyperdrol X2
Anabolic Xtreme 3-AD, 90 caps
BCS Labs Testra-Flex, 90 caps
Competitive Edge Labs M-Drol, 90 Caps
Competitive Edge Labs P-Plex, 90 caps
Competitive Edge Labs X-Tren, 90 caps
4Ever Fit D-Drol, 60 caps
Gaspari Novedex XT 60 Caps
Gaspari Halodrol Liquigels, 60 gels
iForce 1,4 AD BOLD 200, 60 Caps
iForce MethaDROL, 90 caps
iForce Dymethazine, 60 caps
Monster Caps, 60 caps
The FDA is concerned the products may present a safety risk to consumers who ingest them. MuscleMaster.com is an internet retailer and did not manufacture or formulate these products. MuscleMaster.com’s decision to implement this recall is not, and should not be construed as, an admission that their decision to sell these products was in violation of the law. In addition it is not, and should not be construed as, an admission that these products are not in compliance with the law. This recall is solely a reflection of MuscleMaster.com’s deference to the FDA’s stated concerns with these products.
Customers who have these products in their possession should stop using them immediately and contact their physician if they have experienced any problems that may be related to using one or more of the products.
We all know how old the car is. We know how old the boat is. We also know how old the utility trailer is. We know that the older they get the more likely that they will start breaking down based on their age. Do you know how old your tires are? Most people, including myself do not know how old our tires are and we think as long as there is sufficient tread then the tire must be good and safe. After representing a car accident victim in a tire blow out case where the occupants were injured and doing a tremendous amount of research and taking depositions which included a corporate representative of a major tire manufacturer I have found that the amount of tread remaining on a tire is not indicative that the tire is good and safe.
I have found that one of the most dangerous issues of a vehicle facing drivers is the age of their tires. Yes, tires age like everything else. Where it is often overlooked is when we replace the tires on the vehicle after many years but we do not replace the spare because it still has all the tread and we think it must still be good. While the tread looks good you should remember that it is just as old as the tires you replaced.
Tires are mostly made of rubber which deteriorate with age even if they are not being used. This would include a spare tire that looks new or a tire on a boat or utility trailer that you have had for many years but the tread looks great. The components of a tire can dry out over time, the rubber can deteriorate and the adhesion between the belts can break down. This is especially true in the southern states do to the heat and humidity the tire is exposed to. The breakdown of the tire could occur while driving at highway speeds which could cause a major accident resulting in serious injuries or even death.
You can tell the age of your own tire by looking at the last 3 or 4 numbers of the DOT identification numbers on the side of your tires. The first two numbers are the week the tire was made and the last two numbers (or just the last number for those tires made since 1999 or earlier) show the year the tire was manufactured. Several manufacturers believe that you should discard tires that are 6 years and older even if they have never been used. You should not only check your current tires on your car but also your spare. You should check your trailer tires and even tires that you buy brand new to make sure you are not buying a tire that is aged which in turn could be a serious accident waiting to happen.
Neblett, Beard & Arsenault is pleased to announce that two of their attorneys, Richard J. Arsenault, and David O. Walker, have been selected for inclusion as 2010 Super Lawyers by Law & Politics Inc. and Louisiana Life magazine.
Louisiana Super Lawyers are designated through a rigorous, multi-step evaluation process that incorporates peer recognition and professional achievement. Only 5% of lawyers in Louisiana receive this prestigious acknowledgment.
Arsenault and Walker have been named Louisiana Super Lawyers each year since 2007. They are recognized for their professional contributions in the areas of personal injury litigation and mass tort/complex litigation. Both actively represent victims of serious injury and death resulting from offshore and maritime incidents, automobile accidents, dangerous products, medical negligence, workplace accidents, foodborne illness and environmental exposure to dangerous and toxic substances.
Neblett, Beard & Arsenault, a leading Louisiana injury firm, is proud of this notable achievement of our partners, and are pleased to share their unique skill set with a wide range of clients. Congratulations to Richard and David!
A natural gas explosion last week killed a Chesapeake Operating Co. employee who was doing maintenance work at a gas processing facility located on the base in Bossier City, Louisiana. The explosion occurred in a underground pipeline in a remote area of the base and no evacuations were ordered as a result of the explosion.
The accident consisted of a quickly controlled fire that unfortunately resulted in the death of a 27 year old who had been employed by Chesapeake for two years. The site of the explosion is in the middle of the Sligo field that has been in production since the 1920s. The area is leased to private developers and has close to 200 natural gas wells. The explosion site was miles away from Barksdale’s buildings, runway and weapons storage area.
This is a tragic accident that is still under investigation to determine exactly what caused the explosion however it was determined that it was not terrorist related. Our thoughts and prayers go out to the family of the decedent.
The Federal Motor Carrier Safety Administration (FMCSA) is moving forward with the review of rules on truckers’ driving time. The FMCSA raised the limit from 10 hours to 11 hours per day in 2003. The trucking industry and shipper organizations supported the increased drive time, but it was opposed by safety groups.
In an effort to head off litigation, the Department of Transportation (DOT) is committed to reviewing the hours-of-service rules. The FMCSA has invited the public to participate in a series of 4 listening sessions in January 2010 to gather information and comments on hours-of-service for commercial vehicle drivers. The hearings will cover topics such as driver rest and on-duty time, sleeper berth use, and loading and unloading times. Hours-of-service requirements are designed to help prevent commercial vehicle-related accidents, fatalities and injuries by prescribing duty hours and rest periods for commercial drivers.
More information on the hearings is available here.
An 18-wheeler big rig loaded with 20,000 pounds of dog food and heading west hit the West Bert Kouns Industrial Loop (Exit 
overpass. Police had to reroute motorists around the wreck.
The impact was significant enough for the 18-wheeler to spill his load. Further investigation will identify why the 18-wheeler driver lost control of his rig. Was there driver distraction, improper lane change, fatigue? An alert, aware, and oriented professional truck driver should not hit the overpass.
Richard J. Arsenault, 2010
