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Monthly Archives: October 2011

Food Safety Modernization Act: Did Congress Bite Off More Than It Can Chew?

Posted in Foodborne Illness, Products Liability

Co-authored by Brian Gross The recently enacted Food Safety Modernization Act (FSMA), which was signed into law by President Obama on January 4, 2011, provides the U.S. Food and Drug Administration (FDA) with increased power.  The FSMA, which represents the culmination of more than a decade long effort to reform this country’s food safety oversight system,… Continue Reading

Judge’s Decision Brings Much Needed Clarity On The Issue of Maritime Jurisdiction in Asbestos Exposure Cases.

Posted in Asbestos Litigation, Toxic Tort

Co-authored by Brian Gross Choice of law analyses can, at times, be complicated affairs.  That is particularly true in asbestos cases in which a plaintiff alleges exposure to numerous asbestos-containing products in multiple states over a prolonged period of years.  An additional layer of complexity is added when some or all of the plaintiff’s allegations relate… Continue Reading

Sixth Circuit Holds that Substantial Cause Must Be Explicitly Established; “Every Exposure” Insufficient

Posted in Asbestos Litigation, Litigation Trends

Co-authored by Brian Gross On September 28, 2011, the Sixth Circuit Court of Appeals awarded Garlock a decisive victory in the matter of Olwen Moeller v. Garlock Sealing Technologies, LLC (C.A. No. 09-5670).  In overturning a jury verdict against Garlock, the Moeller Court, pursuant to the substantive laws of the State of Kentucky, held that plaintiff… Continue Reading