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A proposal has recently come before the Federal Civil Rules Advisory Committee to expand the ability of parties in multidistrict litigation to seek immediate interlocutory appellate review. This Essay suggests that the proposal is unwise as a matter of policy. It would make MDL litigation more expensive and less efficient. Counterintuitively, it may even harm the very large corporations who are championing the change. This Essay explains why that might occur--why large corporate defendants may pursue legal innovations that harm them--a possibility with implications well beyond interlocutory appellate review. [ABSTRACT FROM AUTHOR]

Three cases of botulism associated with eating garlic bread that had been prepared with a garlic-in-oil product were reported in 1987. The patients had eaten dinner together, and the food poisoning was traced to the garlic bread. All three victims were hospitalized in intensive care with digestive symptoms and neurological impairments; one was hospitalized for 29 days, but all the patients recovered. A leftover jar of garlic-in-oil was found to contain large amounts of Clostridium botulinum bacteria, along with the C. botulinum toxin. This product contained chopped garlic in olive oil that had been processed without chemical additives or acidic ingredients (low-acid foods promote bacterial growth). The product was stored for several years at room temperature before it was opened; small print on the jar said 'keep refrigerated'. These cases represent the second outbreak of botulism food poisoning caused by a commercial garlic-in-oil product. The previous outbreak affected 36 people and the product was produced by the same company; it had also been stored at room temperature. C. botulinum is commonly found in soil, which frequently adheres to garlic bulbs. Products containing vegetable tubers or roots, such as onions, potatoes, and garlic, should not be stored in oil either at home or commercially without ingredients that protect against bacterial growth. Based on this outbreak, the Food and Drug Administration and New York State Department of Agriculture and Markets banned garlic-in-oil products that require refrigeration. (Consumer Summary produced by Reliance Medical Information, Inc.)

Background: There are many communities around the world that are exposed to high levels of particulate matter <10 µm (PM10) of geogenic (earth derived) origin. Mineral dusts in the occupational setting are associated with poor lung health, however very little is known about the impact of heterogeneous community derived particles. We have preliminary evidence to suggest that the concentration of iron (Fe) may be associated with the lung inflammatory response to geogenic PM10. We aimed to determine which physico-chemical characteristics of community sampled geogenic PM10 are associated with adverse lung responses. Methods: We collected geogenic PM10 from four towns in the arid regions of Western Australia. Adult female BALB/c mice were exposed to 100 µg of particles and assessed for inflammatory and lung function responses 6 hours, 24 hours and 7 days post-exposure. We assessed the physico-chemical characteristics of the particles and correlated these with lung outcomes in the mice using principal components analysis and multivariate linear regression. Results: Geogenic particles induced an acute inflammatory response that peaked 6 hours post-exposure and a deficit in lung mechanics 7 days post-exposure. This deficit in lung mechanics was positively associated with the concentration of Fe and particle size variability and inversely associated with the concentration of Si. Conclusions: The lung response to geogenic PM10 is complex and highly dependent on the physico-chemical characteristics of the particles. In particular, the concentration of Fe in the particles may be a key indicator of the potential population health consequences for inhaling geogenic PM10. [ABSTRACT FROM AUTHOR]