You know I'm not sure what CZ does with these when they have this issue or how they function after they get back to the owner but this is a common problem with the 40 (or rather when someone has a problem this is commonly it) I was looking to get the 40 because I liked the 9 so much but decided to stay away after hearing about these problems.
Someone did post a fix(or what he said was a fix) on these boards or the other cz forums that invoked sanding down part of the slide catch that gets engaged by the magazine follower. Suppoosedly the outer edge is being caught by the ammo, forcing the slide catch to engage the slide. May be worth tracking down the thread. Who knows, that may be what cz does to fix them.
Sorry to hear about the issues. I know it's very frustrating when a brand new pistol has them.