Cohen Kuvin Breaking News

We provide these breaking news alerts to ensure consumers are protected and educated in hopes that this information will keep you safe and aware of threats to your families' well-being. National Highway Transportation Safety Administration's (NHTSA) Office of Defect Investigation (ODI) and Food & Drug Administration (FDA) announce new Recalls & Alerts:

Pelvic Surgical Mesh found defective and ineffective On July 13, 2011, the Food & Drug Administration (FDA) issued an update to Health Care Providers and the public at large warning of the serious health complications caused by surgical mesh, a medical device implanted in a patients' pelvic area.  The mesh is most often used to address Pelvic Organ Prolapse (POP), a condition that occurs when the tissues that hold the pelvic organs in place become weak or stretched, or to treat urinary incontinence.     Concern regarding the surgical mesh emerged in 2008 when the FDA issued a Public Health Notification raising the issue.  Almost 4,000 cases have been reported with a host of adverse effects that can significantly decrease a patient's quality of life including infection, severe pain, urinary problems and recurrence of prolapse and/or incontinence. There were also reports of bowel, bladder, and blood vessel perforation that occurred during the actual procedure. The final insult to injury for those suffering complications is that studies have revealed that this procedure may not be an effective form of treatment.  Unfortunately for these consumers, this mesh is one of many medical devices entered into the market without patient testing.  The proliferation of untested, defective medical devices has a grave impact on patients who don't have the luxury of simply returning it for a refund if and when a recall is issued.  The FDA urges patients to be vigilant in their post operation follow up care and report any adverse effects immediately.    For more information on this defective medical device, contact Spencer Kuvin.  Dodge Ram Recall Chrysler has issued a recall of approximately 242,000 Dodge vehicles due to a defect in the Tie Rod assembly.  The following class of vehicles are subject to the recall.  2008-2011 Dodge Ram 2500/3500 4x4, manufactured from 02/14/08 - 03/28/2011 2008-2011 Dodge Ram 3500 Cab Chassis 4x2, manufactured from 02/14/08 - 03/28/2011 2008 Dodge Ram 1500 Mega Cab 4x4, manufactured From 02/14/08 - 08/15/08  2003-2008 Dodge Ram 2500/3500, vehicles may have received the defective part as a replacement during normal service. The left tie rod ball stud may fracture during low speed tight turn maneuvers resulting in the potential loss of directional stability in the left hand front wheel and increasing the risk of a crash. The recall schedule has not been confirmed, but once issued dealers will inspect the vehicle and perform the necessary service free of charge.  Owners may contact Chrysler directly at 1-800-853-1403 and reference safety recall No. L16. Additional details can also be found by referencing NHTSA CAMPAIGN ID Number: 11V350000. Toyo Tire Recall ITR USA has issued a recall of approximately 51,000 Shandong Yongtai Negotiator commercial H/T tires for failure to conform to Federal Motor Vehicle Safety Standard No. 139. Certain size LT265/75R16 and LT235/85R16 tires produced from April 2009 through May 2011 may experience blistering or bubbles on the tire's sidewall. This could result in sudden loss of tire pressure and significantly increase the risk of tire failure and crash.  Consumers should check the sidewall of their vehicle tires to confirm if they are riding on defective tires.  The recall is expected to begin on or around July 2011 though manufacturers' have not confirmed the remedy plan.  Owners may contact ITR USA directly at 1-818-715-7080. Additional details can also be found by referencing NHTSA CAMPAIGN ID Number: 11T006000.     Kawasaki Motorcycle Recall Kawasaki has issued a recall of approximately 2,500 motorcycles due to a defect in the electrical wiring system.  Certain 2011 Ninja ZX-10R/ZX-10R ABS bikes may contain a wiring malfunction that can cause a short between wires and the frame or within wires.  If this occurs while the bike is in operation, it can suddenly stall, significantly increasing the risk of harm to the rider.  The recall schedule has not been confirmed, but once issued dealers will inspect the vehicle and perform the necessary service free of charge.  Owners may contact Kawasaki Consumer Services Department directly at 1-866-802-9381. Additional details can also be found by referencing NHTSA CAMPAIGN ID Number: 11V363000. Ford Truck Recall Ford has issued a recall of approximately 26,000 vehicles for failure to conform to Federal Motor Vehicle Safety Standard No. 108.  The following class of vehicles are subject to the recall:  Ranger trucks built from 01/25/11 - 04/25/11 Service parts distributed to dealers for certain 2002-2005 Excursion vehicles Service parts distributed to dealers for certain 2002-2007 F-250, F-350, F-450 and F-550 trucks Service parts distributed to dealers for certain 2004- 2011 Ranger trucks  A multi-function switch with a deformed slider may malfunction causing the turn signal, tail lights, hazard warning signal flashers and/or brake lights not to activate.  The loss of these indication lightsdeprives drivers of critical alerts, increasing the risk of crash.  The recall is expected to begin on or around August 15 2011 and dealers will inspect the vehicles and perform the necessary service free of charge.  Owners may contact Ford directly at 1-866-436-7332 and reference safety recall No. 11C18. Additional details can also be found by referencing NHTSA CAMPAIGN ID Number: 11V352000. Owners are encouraged to contact the National Highway Traffic Safety Administration's Vehicle Safety Hotline at 1-888-327-4236 (TTY 1-800-424-9153) or go to www.safercar.gov, with any questions or concerns surrounding these or any other recalls or safety campaigns.

Cohen Kuvin Newsletter - July 2011

Wal-Mart v. Dukes....Mega Businesses Too Big to Sue? On June 20, 2011, the United States Supreme Court issued the eagerly awaited opinion in Wal-Mart v. Dukes, the largest employment class action in U.S. history. Three plaintiffs brought a class action on behalf of 1.5 million female Wal-Mart employees seeking injunctive and declaratory relief, punitive damages, and back pay for the company's alleged discrimination of women in violation of Title VII of the Civil Rights Act of 1964. The named plaintiffs claimed Wal-Mart discriminated against women by denying its female employees pay or promotions equal to its male employees. According to the Court, "The basic theory of [the plaintiffs'] case is that a strong and uniform 'corporate culture' permits bias against women to infect, perhaps subconsciously, the discretionary decision-making of each one of Wal-Mart's thousands of managers-thereby making every woman at the company the victim of one common discriminatory practice." Reversing the Ninth Circuit Court of Appeals, the Court held this theory failed to satisfy the commonality prong of the class certification test because it failed to show the class members suffered the same injury, rather than just suffering a violation of the same law.


Based in part on the following language from the opinion, commentators have surmised that the Court's opinion might be an indication that some companies are just too large to sue:

Respondents have not identified a common mode of exercising discretion that pervades the entire company . . . . In a company of Wal-Mart's size and geographical scope, it is quite unbelievable that all managers would exercise their discretion in a common way without some common direction.

Only time will tell how the Wal-Mart v. Dukes decision affects class action litigation on a larger scale, beyond the scope of employee actions.

Consumer News13 Drowning or Near Drowning Incidents in Florida in 2 months July marks the peak of the summer season, a cross-roads at which the endless days of summer are shadowed by the back to school countdown. In the height of the summer fun, Cohen & Kuvin, LLC wants to take a moment to remind families about pool safety. A recent U.S. Consumer Product Safety Commission (CPSC) report revealed that 123 drowning or near drowning incidents have been reported since Memorial Day. 13 of these incidents occurred in Florida, a staggering number for a brief two month reporting period.

The CPSC recently launched a national "Pool Safely" Campaign outlining simple life-saving drowning prevention tips. Kathleen Reilly, Pool Safely Campaign Leader best expressed the importance of heeding this message when she stated, "We want to encourage everyone to remember that simple steps save lives. You never know which safety step will save a life...until it does."

An additional concern in Florida are all the foreclosed or abandoned properties that may have unattended dirty pools. If there are abandoned properties in areas where children play, be vigilant to keep them away from those neglected pools which serve as hidden dangers to wandering children. Cohen & Kuvin, LLC encourages everyone to enjoy the water and keep life in the summer fun.

On July 14, 2011, Spencer Kuvin was recognized by the Anti-Defamation League for his service as co-chair of the Glass Leadership Institute.

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Breaking News Alert - Motorcycle Recalls

We provide these breaking news alerts to ensure consumers are protected and educated in hopes that this information will keep you safe and aware of threats to your families' well-being. National Highway Transportation Safety Administration's (NHTSA) Office of Defect Investigation (ODI) announces new Recalls & Alerts:

<><><> Indian Motorcycles issues Two Recalls Polaris has issued 2 recalls affecting approximately 700 Indian Motorcycles, model year 2009-2011.  The first recall is issued for failing to conform with Federal Motor Vehicle Safety Standard No. 123 regarding "motorcycle controls and displays."  The recall concerns the side stand which may not fold rearward and upward as required, affecting driver control and increasing the risk of crash.  The recall is expected to begin on or around August 2011 and dealers will inspect the motorcycle and perform the necessary service free of charge.  Owners may contact Indian directly at 651-408-7579. Additional details can also be found by referencing NHTSA CAMPAIGN ID Number: 11V344000. The second recall affects the Body Control Module which can malfunction if the headlight switch is slowly moved from one position to another (high beam to low beam).  During the transition, both beams may be on simultaneously causing the module to interpret a system overload that automatically turns off the headlight.  In the event this occurs, driver visibility is impaired, increasing the risk of crash.  The recall is expected to begin on or around August 2011 and dealers will inspect the motorcycle and perform the necessary service free of charge.  Owners may contact Indian directly at 651-408-7579. Additional details can also be found by referencing NHTSA CAMPAIGN ID Number: 11V343000.     Yamaha Brake Defect Yamaha has issued a recall of approximately 260 FJR1300 motorcycles due to a break light switch defect.  Certain 2011 bikes manufactured between January 2011 and April 2011 may contain a malfunction that prevents the brake light from illuminating when the front brake is applied.  In the event this occurs, other drivers will not receive the proper alert indicating that a rider is slowing down, increasing the risk of crash and injury.  The recall is expected to begin on or around July 2011 and dealers will inspect the motorcycle and perform the necessary service free of charge.  Owners may contact Yamaha directly at 1-800-962-7926. Additional details can also be found by referencing NHTSA CAMPAIGN ID Number: 11V340000.     Ducati Equipment Defect Ducati has issued a recall of approximately 964 Diavel Motorcycles due to an equipment defect.  Certain 2011 bikes manufactured from September 23, 2010 through May 12, 2011 may contain a malfunction that can cause the rear license plate holder to loosen during operation.  If this occurs, the plate could interfere with the motorcycles rear wheel rotation, increasing the risk of crash.  The recall is expected to begin on or around July 2011 and dealers will inspect the motorcycle and perform the necessary service free of charge.  Owners may contact Ducati directly at 1-800-231-6696. Additional details can also be found by referencing NHTSA CAMPAIGN ID Number: 11V336000. Owners are encouraged to contact the National Highway Traffic Safety Administration's Vehicle Safety Hotline at 1-888-327-4236 (TTY 1-800-424-9153) or go to www.safercar.gov, with any questions or concerns surrounding these or any other recalls or safety campaigns.

Cohen~Kuvin Partner Named to 2011 Florida Trend Legal Elite

Cohen~Kuvin, LLC  is proud to recognize that Spencer T. Kuvin has been named to the 2011 Florida Trends Legal Elite. 

This eighth annual edition of Florida Legal Elite recognizes a prestigious list of esteemed attorneys chosen by their colleagues. The 1,352 lawyers listed exemplify a standard of excellence in their profession and, by virtue of their listing, have received the endorsement from their peers in voting for the 2011 Florida Legal Elite.

Cohen~Kuvin, LLC is a boutique litigation firm with a proven record of fighting injustice and our attorneys have over 100 years of combined litigation experience.  Our knowledge and foresight have led to landmark achievements in cases across the country.  Cohen & Kuvin’s record of success has earned the firm a national reputation for its innovative litigation strategy and successful trial work. The attorneys at Cohen & Kuvin each bring a level of expertise that enables the firm to excel in a multitude of practice areas, including products liability, managed care/HMO abuse, consumer class actions, catastrophic personal injury, and business and construction litigation. 

Cohen Kuvin News

Consumer News New Sunscreen Labels Promote Sun Safety The U.S. Food and Drug Administration recently announced several long-awaited changes to sunscreen labels designed to better educate consumers on appropriate sun protection. According to Consumer Reports, the major changes are as follows: Broad spectrum - Products that protect against both UVB rays (the kind that cause sunburn) and UVA rays (the kind that cause wrinkles and premature aging of the skin) will be labeled "broad spectrum." Cancer and wrinkles claims - Sunscreens that are "broad spectrum" and have a SPF 15 or higher will be able to say on their label that they reduce the risk of skin cancer and early skin aging, when used as directed. Products with SPF values between 2 and 14 can be labeled "broad spectrum," but can't say they reduce the risk of cancer and wrinkles; Water-resistance times - Labels will have to say how long you can expect the declared SPF to last while swimming or sweating, either 40 minutes or 80 minutes. And they can't say that the products are "waterproof" or "sweatproof." Consumers can expect to start seeing these label changes next summer. With the hot summer months ahead, Cohen & Kuvin, LLC. reminds all consumers that they should regularly apply sunscreens with Broad Spectrum and SPF of 15 or higher as most skin cancers are linked to too much time in the sun.  Table Side Child Booster Seats Recalled for Fall Hazard The U.S. Consumer Product Safety Commission (CPSC) recently issued a recall of approximately 375,000 Circo Child Booster Seats imported and distributed by Target.  The recall was issued due to a fall hazard caused a faulty restraint buckle which can open unexpectedly.  There have been several reports of children falling forward out of booster the seat. The recall involves all Circo Booster Seats, including those sold as early as 2005. The plastic booster seats are blue with green trim and a white plastic restraint buckle. They attach to an adult chair to boost a child to a table. "Circo" and "Booster Seat" can be found on a green label located in the front of the booster seat. Consumers should immediately stop using the recalled booster seats and return them to any Target store for a full refund. For additional information, contact Target at (800) 440-0680 or visit the firm's website at http://www.target.com/ To report a dangerous product or a product-related injury, call CPSC's Hotline at (800) 638-2772 or CPSC's teletypewriter at (800) 638-8270. Consumers are encouraged to obtain more details on recalls and general safety information by logging on to CPSC's Web site at http://www.cpsc.gov/. Legal News Questionable Future for Consumer Class Actions On April 27, the United States Supreme Court provided big business with a shield from accountability for corporate misconduct in the form of arbitration clauses containing language barring class actions.  Businesses typically include arbitration clauses in their contracts with consumers, such as cell phone service contracts.  These arbitration clauses often contain provisions that bar consumers from going to arbitration as a class.  Until the Supreme Court's ruling in AT&T Mobility v. Concepcion, state courts could refuse to enforce these class waiver provisions on unconscionability grounds after recognizing that class actions are the only means of redress when companies cheat large numbers of consumers out of individually small sums of money.  The Supreme Court decided, however, that the Federal Arbitration Act, which espouses a national policy in favor of arbitration, preempts state laws that would otherwise invalidate these arbitration provisions.  The Concepcion opinion has been interpreted as providing big business with immunity for corporate misconduct, as long as the misconduct is preceded by the signing of a contract containing an arbitration provision with a class ban.  A class of consumers sued that were charged usurious amounts of interest on "payday loans."  The loan agreements contain arbitration provisions that bar class actions.  After several years litigating the enforceability of this class ban under Florida law, the trial court to struke the ban for violating Florida's public policy.  This decision was upheld by the Fourth District Court of Appeal in McKenzie Check Advance of Florida v. Betts, which held that the evidence in the case demonstrated that consumers would not be able to vindicate the rights provided to them by Florida's consumer protection statutes if they were unable to proceed on a class basis.  The Florida Supreme Court has accepted review of the Fourth District's decision.  The Concepcion opinion will undoubtedly play a central role in the upcoming proceedings before Florida's highest court.

Spencer Kuvin, a shareholder with Cohen & Kuvin,  was a featured speaker during the Florida Justice Association Annual Convention on June 15, 2011. Mr. Kuvin gave a lecture on Motions in Limine during the Evidence Program.

Breaking News Alert

We provide these breaking news alerts to ensure consumers are protected and educated in hopes that this information will keep you safe and aware of threats to your families' well-being.

National Highway Transportation Safety Administration's (NHTSA) Office of Defect Investigation (ODI) and Consumer Product Safety Commission (CPSC) announce new Recalls & Alerts:

Cadillac Side Roof Rail Airbag Defect

General Motors has issued a recall of approximately 47,000 Cadillac vehicles due to non-compliance with Federal Motor Vehicle Safety Standard No. 208 regarding "Occupant Crash Protection." Certain 2011 SRX vehicles may contain a defect that causes the right side roof-rail airbag to turn off if a sensor determines that the front passenger seat is unoccupied. In the event of an accident, the right rear occupant may not be protected, increasing the risk of severe injuries.

The recall is expected to begin on June 17, 2011 and dealers will inspect the vehicle and perform the necessary service free of charge. Owners may contact Cadillac directly at 1-866-982-2339 and reference GM'S recall number 11162. Additional details can also be found by referencing NHTSA CAMPAIGN ID Number: 11V308000.

Honda VT 750 Motorcycle Defect

Honda has issued a recall of approximately 3,000 motorcycles produced from June 25, 2009 - March 28, 2011 due to a defect in the electrical system. The bank angle sensor in certain 2010 and 2011 VT750 bikes may be incorrectly manufactured creating the possibility of an erroneous reading which can cause the engine to stall and increase the risk of crash.

The recall is expected to begin on or around June 20, 2011 and dealers will inspect the vehicle and perform the necessary service free of charge. Owners may contact Honda directly at 1-866-784-1870 and reference Honda's safety recall number R80. Additional details can also be found by referencing NHTSA CAMPAIGN ID Number: 11V310000.


Owners are encouraged to contact the National Highway Traffic Safety Administration's Vehicle Safety Hotline at 1-888-327-4236 (TTY 1-800-424-9153) or go to www.safercar.gov, with any questions or concerns surrounding these or any other recalls or safety campaigns.
American Girl Jewelry Kit Recalled for Excess Lead Levels
The U.S. Consumer Product Safety Commission (CPSC) has issued a recall of approximately 75,000 American Girl Crafts Pearly Beads & Ribbon Bracelets kit. The surface coating on some of the beads contains excessive levels of lead, which is prohibited under federal law.

The recalled kit is identified by SKU number 30-585331, located on the back of the package in the lower right corner. The jewelry kit contains 56 pieces including pink, blue, orange and white beads, and various colored ribbons. Some pink beads have darker pink butterflies imprinted on them. The kits were sold at Michaels Stores and other retailers nationwide from September 2009 through June 2011 for about $8.

Consumers should immediately take the recalled kits and any finished bracelets made from the kits away from children and contact the company for a full refund. For additional information, contact EKSuccess Brands toll-free at (855) 535-2099 or visit the firm's website at www.eksuccessbrands.com

Toy Helicopters Recalled for Laceration Hazard

The U.S. Consumer Product Safety Commission (CPSC) has issued a recall of approximately 24,000 toy Military Copters, manufactured in China. The plastic blades of the helicopter can detach during operation, posing a laceration hazard.

The recalled toy Military Copters are have model #9009935 and UPC number 680108044474 printed on the back of the package near the bar code. These toys were sold exclusively at Rite Aid Corporation stores nationwide from January 2011 through May 2011 for about $7.

Consumers should immediately take the recalled helicopters away from children and return the product to any Rite Aid store for a full refund. For additional information, contact Excite USA toll free at (866) 791-4754 or visit the firm's website at www.Excite-Limited.com

To report a dangerous product or a product-related injury, call CPSC's Hotline at (800) 638-2772 or CPSC's teletypewriter at (800) 638-8270. Consumers are encouraged to obtain more details on recalls and general safety information by logging on to CPSC's Web site at www.cpsc.gov.

- Spencer Kuvin
Cohen & Kuvin, LLC
http://www.cohenkuvin.com/

Spencer Kuvin Featured Speaker at FJA Annual Convention

Delray Beach - Spencer Kuvin, a shareholder with Cohen & Kuvin, P.A. was a featured speaker during the Florida Justice Annual Convention on June 15, 2011. Mr. Kuvin gave a lecture on Motions in Limine during the Evidence Program. The FJA Convention was hosted at The Breakers in Palm Beach.

Mr. Kuvin practices in the area of catastrophic injury and wrongful death with a special concentration in claims involving complex medical issues. Among his accomplishments are landmark settlements against the Florida Department of Children and Families that changed State law for vulnerable adults, Tampa Electric Company, as well as substantial verdicts against GEICO Insurance, Safeco Insurance and Nationwide Insurance. He was most recently distinguished in the 2011 South Florida Legal Guide as a Top Up & Comer.

Mr. Kuvin is currently President of the Palm Beach County Justice Association.
He has achieved an AV rating from Martindale-Hubbell and lectures statewide.


- Spencer Kuvin
Cohen & Kuvin, LLC
http://www.cohenkuvin.com/

Cohen & Kuvin Defends Patients Rights On Pro Bono Basis

The wife and children of Karim Kahn have been given an ultimatum. They can either send their ailing father to a nursing facility in New York that will isolate him from his family completely OR take him home where he will not have long term care. His Medicare has run out, and Select Specialty Hospital in Palm Beach County has filed a lawsuit to have him removed from their facility.
Spencer T. Kuvin is representing Mr. Karim Kahn on a pro bono basis because of the firms' vast exposure to the blatant denial of care that has been unleashed on consumers. Spencer Kuvin, a partner at Cohen & Kuvin, LLC has filed a motion to dismiss on behalf of Mr. Kahn and his family in response to the complaint filed by Select Specialty Hospital. He said, "Our client has fallen between the cracks of a broken system, where his care is not profitable to Select Specialty or the local nursing homes. We now live in a world where the needs of a patient are measured by profits rather than the requirements for care, and unfortunately, Mr. Khan has basically been deemed unsuitable for this corporation's bottom line."
In early 2010, Karim Kahn was at an appointment with his podiatrist when his blood pressure crashed and he was rushed to Palms West Hospital. Once at the hospital, he was stabilized, but he had to be placed on a ventilator and has remained in a vegetative state. On April 14, 2010 he was moved to Select Specialty Hospital, a facility designed to meet the needs of patients who no longer require ICU, but whose medical conditions are too complex for transfer to a skilled nursing facility. Mr. Kahn's condition requires a feeding tube, a vent and dialysis. Select Specialty was receiving payment for Mr. Kahn through Medicare for the first 150 days of his admission. However, after that period expired, his Medicare coverage lapsed and Medicaid kicked in which does not provide reimbursements for facilities such as Select. Medicaid does provide some reimbursements for nursing home facilities; however, Select claimed that the only facility willing to accept Mr. Khan was in New York.
Spencer Kuvin stated, "On a state and national basis, we are seeing a disgraceful pattern of denying care and displacing the needs of the weak and vulnerable by putting profits over patients. The Florida Legislature just passed legislation to specifically achieve that goal and Congress is considering more of the same. Mr. Kahn is a prime example of a hard working taxpayer, whose dire need for care is being caught in the cross-fires of bureaucracy and profitability. We intend to fight this injustice and ensure Mr. Kahn get the care he deserves."


- Spencer Kuvin
Cohen & Kuvin, LLC
http://www.cohenkuvin.com/

Breaking News Alert

We provide these breaking news alerts to ensure consumers are protected and educated in hopes that this information will keep you safe and aware of threats to your families' well-being. National Highway Transportation Safety Administration's (NHTSA) Office of Defect Investigation (ODI) and Consumer Product Safety Commission (CPSC) announce new Recalls & Alerts:

Toyota Steers into another Recall  Toyota has issued a recall of approximately 52,000 vehicles manufactured from January 28, 2000 through May 30, 2003 due to a steering linkage defect.  Certain 2001-2003 Prius cars may contain a defect that causes the steering linkage to loosen which can affect the power steering control while the vehicle is in operation, and increase the risk of a crash.  The recall is expected to begin in July 2011 and dealers will inspect the vehicle and perform the necessary service free of charge.  Owners may contact Toyota directly at 1-800-331-4331. Additional details can also be found by referencing NHTSA CAMPAIGN ID Number: 11V304000. Volvo Fuel Pump Recall Volvo has issued a recall of approximately 7,500 vehicles manufactured from November 18, 2010 - May 5, 2011 due to a fuel pump defect.  The software for the fuel pump units in certain 2012 S60 cars may not be compatible with all fuel pumps and components, resulting in insufficient fuel transfer leading to possible engine hesitation or stalling.  The recall is expected to begin on or about June 17, 2011 and dealers will inspect the vehicle and perform the necessary service free of charge.  Owners may contact Volvo directly at 1-201-768-7300. Additional details can also be found by referencing NHTSA CAMPAIGN ID Number: 11V303000. KTM Motorcycle Handling Recall  KTM has issued a recall of approximately 1,200 motorcycles manufactured from November 2009 - November 23, 2010 due to a steering wheel and handle bar defect.  The handlebars in certain 2010 and 2011 motorcycles may have received improper heat treatment, which can cause the clamps to crack, creating unexpected handlebar movement.  If this occurs, a rider can lose control of the bike increasing the risk of injury.  The recall is expected to begin in June 2011 and dealers will inspect the vehicle and perform the necessary service free of charge.  Owners may contact KTM directly at 1-888-985-6090. Additional details can also be found by referencing NHTSA CAMPAIGN ID Number: 11V300000. Zero Motorcycle Brake Recall Zero Motorcycles has issued a recalled of approximately 160 bikes due to a defect affecting the front brake caliper bracket.  Affected models are:  2009 Zero S Motorcycles built From September 2, 2009 through December 22, 2009; 2009 Zero Ds Motorcycles built from July 27, 2009 through December 28, 2009; 2010 Zero S Motorcycles built from February 1, 2010 through March 31, 2011; and 2010 Zero Ds Motorcycles built from January 20, 2010 through March 31, 2011. The front brake caliper bracket of certain bikes may experience permanent deformation when subjected to high braking loads. This condition could induce misalignment of the front brake pads with respect to the front brake rotor. Misalignment of the brake pads in relation to the rotor may cause reduced front braking performance, which could lead to a possible crash and potential injury or death of the rider. The recall is expected to begin on or before May 2011 and dealers will inspect the vehicle and perform the necessary service free of charge.  Owners may contact Zero Motorcycles directly at 1-888-786-9376 ext. 45. Additional details can also be found by referencing NHTSA CAMPAIGN ID Number: 11V282000. Owners are encouraged to contact the National Highway Traffic Safety Administration's Vehicle Safety Hotline at 1-888-327-4236 (TTY 1-800-424-9153) or go to www.safercar.gov, with any questions or concerns surrounding these or any other recalls or safety campaigns. Bicycle Helmets Recall for Head Injury Hazard The U.S. Consumer Product Safety Commission (CPSC) has issued a recall of approximately 31,000 Full-face bicycle helmets imported by Bell Sports, of Scotts Valley, Calif.  The plastic buckle that connects the chin straps can fail, causing the helmet to come off the wearer's head posing a head injury in the event of a fall. This recall involves Bell Exodus full-face helmets which were sold at Walmart stores nationwide and on Amazon.com between August 2009 and March 2011 for $50-$60.  Click here for model and description details.  Consumers should stop using the helmets immediately and contact Bell Sports for a replacement or refund.  For additional information call Bell Sports toll-free at (866) 892-6059 or visit the firm's website at http://r20.rs6.net/tn.jsp?llr=nuagrkfab&et=1105867065768&s=0&e=001tk_im74QKG_eFuriVSjytagOOW9AtFJ99ZNotFy1JzWzWY20TEDi11AgFORruh3Xt9GLy4Zx-lgKV51UgNMUEicJrGWne5mhjIcKVv6KfDU=. Gripper ShakerRecall for Laceration and Choking Hazard The U.S. Consumer Product Safety Commission (CPSC) has issued a recall of approximately 9,400 Gripper Shaker musical instruments imported by Woodstock Percussion Inc. due to a laceration hazard.  The handle can detach from the shaker, exposing a rough edge exposing small steel pellets and a plastic plug which can also pose a choking hazard. The shakers are plastic musical instruments with rounded, egg-shaped tops containing steel pellets and open circular handles.  They were sold through mail-order catalogs, websites and retail stores nationwide between August 2010 and March 2011 for about $5. Click here for model and description details.  Consumers should stop using the product immediately and contact Woodstock Percussion Inc. to receive a $7 refund.  Consumer Contact: For additional information, contact Woodstock Percussion, Inc. toll free at (866) 543-2848 anytime, or visit the website at http://r20.rs6.net/tn.jsp?llr=nuagrkfab&et=1105867065768&s=0&e=001tk_im74QKG_eFuriVSjytagOOW9AtFJ99ZNotFy1JzWzWY20TEDi11AgFORruh3Xt9GLy4Zx-lhFyzT1SWjPR9d_f5aAFkBXLS1N4pxvQ4lTRp3l6ZmMDw== To report a dangerous product or a product-related injury, call CPSC's Hotline at (800) 638-2772 or CPSC's teletypewriter at (800) 638-8270. Consumers are encouraged to obtain more details on recalls and general safety information by logging on to CPSC's Web site at http://r20.rs6.net/tn.jsp?llr=nuagrkfab&et=1105867065768&s=0&e=001tk_im74QKG_eFuriVSjytagOOW9AtFJ99ZNotFy1JzWzWY20TEDi11AgFORruh3Xt9GLy4Zx-ljkw_Qe3_T3a35zHTpAIm-z.

Legislative changes to Crashworthiness Cases in Florida

On Wednesday, May 4, 2011, the Florida Legislature passed SB 142, a bill that significantly impacts all current and future products liability cases against auto manufacturers in Florida. Over the past three years, Cohen & Kuvin, LLC has serves on the front lines with a coalition of products liability experts, focused on countering the efforts of major car manufacturers' to reverse the states high court ruling in D'Amario v. Ford. Despite our best efforts, the auto lobby prevailed and successfully passed legislation designed to reduce their accountability and increase the burden on motorists who are victimized by defective products.
We have summarized the bill below to help our peers understand the legislation and the retro-active impact it can have on your current case load.

How does Senate Bill 142 change existing precedents in the law?

Senate Bill 142 reverses the Florida Supreme Court ruling in D'Amario v. Ford and undermines the crashworthiness doctrine. As you know the crashworthiness doctrine holds that the manufacturer of the vehicle is liable for the enhanced injuries sustained from the second collision. SB 142 protects the automobile manufacturers by allowing them to escape full liability for a defective product by placing blame on the tortfeasor who caused the initial accident instead.

How does SB 142 affect cases that I have currently filed?

It is unknown whether or not the retroactive clause of this law will ultimately be held unconstitutional, but certainly all objections to its application to cases currently in suit should be made and reserved. In many cases, the original tortfeasor's underlying policy has already been tendered and accepted based upon sound legal reasoning and advice by the attorney representing the injured party. To now have the tortfeasor listed on the verdict form as a fabre defendant would be fundamentally unfair to the injured party. That said, we anticipate many trial judges will rule the new law applicable to any case filed, and the actions and conduct of the tortfeasor leading up to the accident will most likely be allowed before the jury.

How does SB 142 affect future products cases?

Going forward, the conduct of the tortfeasor which causes the accident will need to be discovered and thoroughly weighted much more carefully than in the past. Rather than being able to accept his/her policy limits for any damage caused by the original action the tortfeasor must be viewed as a potential defendant in the crashworthy case. It will be vital that settlements for underlying auto policy limits be fully evaluated and not be rushed.

What can I do to protect my clients' rights if they have a product liability case?

Car manufacturers have just earned a golden opportunity to deflect responsibility to the original tortfeasor, and shirk their own obligations to build safe vehicles. SB 142 will reduce their incentive to be innovative and vigilant when it comes to vehicle safety, because they will now be able to shift blame and manipulate juries.

The climate in Florida has changed dramatically, and the consumers of this state are defenseless against the politicians and corporate lobbyists that seek profits over sound public policy. As advocates, we have a duty to understand the nuances of these decisions, and take the appropriate measures required to provide our clients with the best representation. The auto industry touted personal responsibility of motorists as justification for SB 142, all the while, shedding their own accountability.

As attorneys specializing in automotive safety and consumer justice advocates, it is our personal responsibility to ensure the rights of clients are protected. We hope this information is helpful to you and your clients, and encourage you to contact our firm with any questions about the passage of SB 142.

Cohen & Kuvin, LLC
Consumer Justice Attorneys
955 NW 17th Ave, Bldg. D.
Delray Beach, FL 33445
stk@cohenkuvin.com
http://www.cohenkuvin.com/

BREAKING NEWS ALERT

General Motors Issues Multiple Chevrolet Recalls


GM CHEVY RECALL 1: BRAKES

General Motors has issued a recall of approximately 7,500 Chevrolet Express and GMC Savana vehicles for failure to comply with Federal Motor Vehicle Standard no. 135 regarding passenger car brake systems. Certain 2011 vehicles may contain a defect causing the right rear brake hose to make contact with the tire or wheel rim which can lead to unnecessary wear or a hole in the brake hose. A damaged brake hose may reduce the effectiveness of the rear brakes, increasing the risk of crash.
The recall is expected to begin on or before May 13, 2011 and dealers will inspect the vehicle and perform the necessary service free of charge. Owners may contact Chevrolet directly at 1-800-630-2438 and reference GM's safety recall No. 11126. Additional details can also be found by referencing NHTSA CAMPAIGN ID Number: 11V275000.
GM CHEVY RECALL 2: TRANSMISSION

General Motors has issued a recall of approximately 100,000 Chevrolet Cruze vehicles for failure to comply with Federal Motor Vehicle Standards no. 102 and 114 regarding Transmission shift lever sequence, starter interlock, transmission braking effect and theft protection. Certain automatic transmission vehicles manufactured between October 6, 2009 and April 27, 2011 may have a transmission shift linkage that is improperly installed. This defect may prevent the transmission gear from properly shifting into a parked position, increasing the risk of the car rolling away and causing harm after the driver has exited the vehicle.
The recall schedule has not been announced, but once determined; dealers will inspect the vehicle and perform the necessary service free of charge. Owners may contact Chevrolet directly at 1-800-630-2438 and reference GM's safety recall No. 11142. Additional details can also be found by referencing NHTSA CAMPAIGN ID Number: 11V273000.
GM CHEVY RECALL 3: STEERING

General Motors has issued a recall of approximately 128,000 Chevrolet Cruze vehicles manufactured between October 2, 2009 and April 21, 2011. Certain 2011 vehicles may contain a defect due to incorrect installation of a bolt attaching the intermediate steering shaft to the steering gear input shaft. If the shafts separate, the driver may lose steering control, increasing the risk of crash.

The recall schedule has not been announced, but once determined; dealers will inspect the vehicle and perform the necessary service free of charge. Owners may contact Chevrolet directly at 1-800-630-2438 and reference GM's safety recall No. 11149. Additional details can also be found by referencing NHTSA CAMPAIGN ID Number: 11V270000.

Audi Fuel Tank Leak May Pose Fire Hazard

Volkswagen has issued a recall of certain 2001-2004 Audi A6, 2002-2003 S6 and 2003 RS6 vehicles manufactured between June 19, 2001 and June 8, 2004. Approximately 5,900 are included in this recall due to a defect caused by aging plastic material in the fuel tank rollover value with can lead to cracking and a possible fuel leak. A fuel leak in the presence of an ignition source could lead to a vehicle fire.
The recall is expected to begin during June 2011 and dealers will inspect the vehicle and perform the necessary service free of charge. Owners may contact Audi directly at 1-800-822-2834 and reference VW's safety recall No. 20L8/JY. Additional details can also be found by referencing NHTSA CAMPAIGN ID Number: 11V267000.
Hyundai Misalignment Defect

Hyundai has issued a recall of approximately 6,000 Santa Fe 2 WD vehicles manufactured between October 15, 2009 and March 5, 2010. Certain 2010 vehicles may contain a misalignment defect in the intermediate shaft that can lead to excessive wear and damage to the automatic transmission.
The recall is expected to begin during June 2011 and dealers will inspect the vehicle and perform the necessary service free of charge. Owners may contact Hyundai directly at 1-800-633-5151 and reference safety recall No. 102. Additional details can also be found by referencing NHTSA CAMPAIGN ID Number: 11V261000.
Honda Driver's Airbag Recall Series Continues....

Honda has issued a recall of certain 2001-2002 Accord, 2001-2002 Civic, 2002-2003 CR-V, 2002 Odyssey, 2003 Acura CL and 2002-2003 Acura TL vehicles. This Honda alert is part of an ongoing series of recalls affecting the inflators within the driver's side airbag. Approximately 2,400 vehicles are included in this recall class. The inflator in these vehicles may produce excessive internal pressure during a crash, causing metal fragments to rupture and increasing the risk of enhanced injuries.
The recall is expected to begin on or around June 27, 2011and dealers will inspect the vehicle and perform the necessary service free of charge. Owners may contact Honda directly at 1-800-999-1009 and reference safety recalls 08V-593, 09V-259, and 10V-041. Additional details can also be found by referencing NHTSA CAMPAIGN ID Number: 11V260000.

Owners are encouraged to contact the National Highway Traffic Safety Administration's Vehicle Safety Hotline at 1-888-327-4236 (TTY 1-800-424-9153) or go to www.safercar.gov, with any questions or concerns surrounding these or any other recalls or safety campaigns.

Child's Clip-on Chairs Consumer Alert

The U.S. Consumer Product Safety Commission (CPSC) has issued a warning to consumers to immediately stop using phil&teds USA "metoo" Clip-on Chairs due to multiple safety hazards. The infant/toddler chairs (designed to clamp onto tables) pose serious fall and amputation hazards to children placed in them. Children can suffer impact and head injuries when the chair detaches from the table and falls with them in it. CPSC staff is aware of numerous incidents involving the metoo chairs.

The metoo chairs may have been distributed since May 2006 for about $50 through philandteds.com, Amazon.com, Buy Buy Baby, Target, Toys R Us, other online retailers and a variety of independent juvenile specialty stores. Click here to see a picture of product.

Phil&teds has refused to agree to a national recall of their hazardous product that is acceptable to CPSC. The company has offered a repair kit consisting of rubber boots to place on the upper clamp grips of the chairs. Consumers should be aware that CPSC has not approved a repair kit for this product, despite the firm's prior statement that it was conducting a recall "in cooperation with the U.S. Consumer Product Safety Commission."
Safety doesn't Stack Up For Bunk Bed Recall

The U.S. Consumer Product Safety Commission (CPSC) has issued a recall of approximately 445,000 wooden bunk beds manufactured by Dorel Asia due to a fall hazard. The wooden side rails that run from the headboard to the footboard and hold the bunk bed's mattress in place can split and cause the bunk bed to collapse, posing a fall hazard to consumers.

The bunk beds were sold at Walmart, Kmart and Target stores and online at www.walmart.com, www.kmart.com and www.target.com from September 2004 through September 2009 for about $190. The model number, date of manufacture, "Made in Vietnam" and the firm's phone number are printed on a white label located on one of the bunk bed rails. Some of the labels include the name "Dorel Asia SRL." Click here for a complete listing of all affected model numbers.

Consumers should immediately contact Dorel Asia at (800) 295-1980 or www.dorelasia.com to receive a free repair kit. Until consumers obtain and install the repair kit, consumers should take down the bunk beds and only use them as separate twin beds.

To report a dangerous product or a product-related injury, call CPSC's Hotline at (800) 638-2772 or CPSC's teletypewriter at (800) 638-8270. Consumers are encouraged to obtain more details on recalls and general safety information by logging on to CPSC's Web site at www.cpsc.gov.


Cohen & Kuvin LLC
Consumer Justice Attorneys
955 N.W. 17th Ave, Bldg. D
Delray Beach, FL 33445
http://www.cohenkuvin.com/
stk@cohenkuvin.com

Vindictive Florida Speaker of the House

If there was ever any question that the Florida Legislature were acting like spoiled children this is it.  The problem is that these spoiled children have immense power and could care less about the damage they are causing to the Florida citizens, our laws and the separation of powers.

Dean Cannon needs to go!

Written by


Paul Flemming


Special to news-press.com
9:35 PM, May. 5, 2011

How much is life-and-death information worth? We have an answer: $370,000.

That, apparently, is too much.

The Florida Commission on Capital Cases was eliminated Thursday in an unexpected, undiscussed, unfathomable conference of legislators.

The House put into a budget conforming bill - late in the session, without any previous hearings, at an Appropriations Committee meeting - repeal of the state law that created the commission.

Among its duties, the commission maintains detailed case-status information on people condemned to die. Web pages providing that information have had 800,000 visitors. Now it won't exist.

It provides unique Continuing Legal Education courses for capital-defense attorneys.

The commission provides the governor's office with information on death row inmates who have exhausted their appeals and are eligible for death warrants.

The elimination of a single $370,000 appropriation is miniscule in a $70 billion budget that will get rid of more than 4,500 state positions and cut plenty of important spending.

So, the death of the commission and its five staffers is a common enough story.

But it gets nuttier.

Speaker Dean Cannon isn't going to get the full measure of his top priority for this legislative session, the dismantling of the Florida Supreme Court and building it back up in his own imagination.

He wanted to increase the number of justices to 10 and split the court in two, one division for criminal cases, another for civil litigation.

The speaker's idea would have swept clean the judge and justice selection process while centralizing the power for choosing jurists with the governor.

The House passed its speaker's grand plan. The Senate balked.

The expand-and-split scheme is gone. Judicial Nominating Commissions will be swept clean, replaced by members of Gov. Rick Scott's choosing. The Senate will confirm nominations.

Cannon's proposal seemed built on either redressing a past political grudge (the Supremes throwing off the 2010 ballot three legislatively sponsored amendments) or putting in the fix on a prospective political agenda (court review of next year's redistricting plans). Cannon denied both, but his alternative justifications are either demonstrably false or suspect to the point of silliness.

Cannon said he wanted more executions carried out more quickly and that his plan would help. Sen. Ronda Storms, a Valrico Republican who also is a board member for the Commission on Capital Cases, gave the lie to that claim during debate.

She said, as recounted here and elsewhere with information provided by the commission, that the governor had a list of 47 condemned prisoners ready for his signature to execute them.

The holdup to Florida's death machine isn't the state's Supreme Court.

Cannon has another year as speaker. He pulled a familiar gambit. His budget includes $400,000 for a study of the Supreme Court's workload among seven specific areas of inquiry about court efficiency.
State Courts Administrator Lisa Goodner - her office puts together all kinds of studies on the efficiency of the state's court system, exhaustively detailed - said she'll happily cooperate with the study, as she has in many Office of Program Policy Analysis and Government Accountability audits and studies.

"We think the facts that are out there are good facts for the courts," Goodner said. "Those numbers speak for themselves."

With declining funding and rising caseloads, Florida courts, the Supreme Court included maintain admirable clearance statistics.

Cannon and the Florida Legislature seem to doubt it.
"The party conducting the study shall evaluate the data, make selected audits of such data as necessary, and report to the Legislature regarding the accuracy of such data," the budget says.

These studies are not new. Neither are their intentions novel. It's backward engineering the case for a desired policy outcome.
Last year, just at this time, after two sessions where the Legislature failed to act on a Cannon-championed idea to open Florida waters to oil and natural-gas drilling, a study was delivered.
The House, at Cannon's urging, paid $200,000 for this report.
It concluded - while BP's Deepwater Horizon well was gushing in the Gulf - that spills would be small, infrequent and easy to fix.