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Monthly Archives: September 2011

Benefits of a “First To File” System; Examining The Patent Reform Bill

Posted in IP Litigation, Litigation Trends

On September 16, 2011, President Barack Obama signed into law the America Invents Act, a statute which may bring about the most comprehensive overhaul to our nation’s patent system since 1836.  The America Invents Act promises to bring United States patent law into conformity with international patent law (a necessity in a global-market).  One of… Continue Reading

Pennsylvania’s Third Circuit Decision on Products Liability Law Helps Manufacturers

Posted in Products Liability

Co-authored by Brian Gross Good news for product manufacturers, as the Third Circuit Court of Appeals recently issued an opinion that could change the landscape of products liability law in Pennsylvania.  See Covell v. Bell Sports, Inc. (3rd Cir. 2011).   Pennsylvania had always applied strict liability to products cases, but now the Third Circuit has formally adopted the Third Restatement… Continue Reading

MDL Panel to Consider Consolidating DuPont/Imprelis Lawsuits, Possibly in Delaware

Posted in Environmental Litigation, Products Liability

Co-authored by Brian Gross On September 27, the Judicial Panel on Multidistrict Litigation will consider a proposal to consolidate a number of recent herbicide-related lawsuits in one court.  The lawsuits, currently pending in Delaware, Pennsylvania, New Jersey, Kansas, Ohio, Iowa, Indiana, Minnesota, Wisconsin, Utah, and Kansas, allege that a new herbicide, Imprelis, which is manufactured by DuPont, kills… Continue Reading

Congress Taking a Closer Look into Alleged “Double-Dipping” by Asbestos Claimants

Posted in Asbestos Litigation

Co-authored by Brian Gross Chances are, if you watch television, you’ve seen them – commercials in which attorneys promise financial compensation for those who have been diagnosed with an asbestos-related disease.  In their efforts to fulfill these promises, plaintiffs’ attorneys can pursue claims not only against solvent companies through the court system, but can also pursue… Continue Reading

California’s Collateral Source Rule Clarified: An insured plaintiff can be a boon to defendants

Posted in Litigation Trends

Co-authored by Brian Gross Just when you thought the national debate over healthcare could not get any hotter, the California Supreme Court gave insurers yet another reason to lobby for universal health insurance coverage in the Golden State.  On August 18, 2011, the California Supreme Court held in Howell v. Hamilton Meats & Provisions, Inc. that… Continue Reading

Cargill Turkey Contaminated With Salmonella Bacteria Results In National Recall

Posted in Foodborne Illness, Products Liability

Co-authored by Brian Gross Cargill Meat Solutions Corporation (“Cargill”) recently announced the voluntary recall of approximately 36 million pounds of ground turkey believed to be contaminated with salmonella.  The recall represents approximately 6% of the national production of ground turkey in a given year.  Federal Health authorities have attempted for several months to determine the source… Continue Reading

Tobacco Companies File Suit Over New FDA Labeling Restrictions

Posted in Products Liability

Co-authored by Brian Gross Several tobacco companies have recently filed a federal court lawsuit in Washington, DC to block the implementation of new FDA-imposed labeling requirements, which the tobacco companies claim are unconstitutional.  The new labeling requirements mandate that one of nine FDA approved warning labels must be affixed to cigarette packages by September 2012.  The nine labels contain graphic images, such as a… Continue Reading