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Monthly Archives: May 2012

UPDATE: POM Down, Far From Out! POM’s New Advertising Campaign Strikes Back at the FTC

Posted in Litigation Trends, Products Liability, Uncategorized

As we reported last week, Federal Trade Commission (“FTC”) Chief Administrative Law Judge D. Michael Chappell sided with the FTC when he found that POM’s marketing campaign – the one that reminded us of the alleged “wonderful” capability of pomegranate juice to treat, prevent, or reduce the risk of certain medical conditions – was in… Continue Reading

POM Wonderful? Not so much. The Better Business Bureau Inadvertently Fuels Class Action Lawsuits

Posted in Litigation Trends, Products Liability

Class action lawsuits against major consumer product companies are on the rise thanks, in large part, to the Better Business Bureau’s National Advertising Division (“NAD”). The NAD assists in the advertising industry’s self-regulatory efforts to ensure truth and accuracy in advertising by providing guidance to industry in an effort to ensure that consumers can rely on… Continue Reading

California’s Long Awaited Brinker Decision on Meal and Rest Period Obligations

Posted in California Courts, Employment Litigation, Litigation Trends

  The California Supreme Court recently released its long awaited decision in the class action case Brinker v. Superior Court (Hohnbaum), S166350, in which a class of approximately 60,000 restaurant employees alleged their employer failed to provide meal and rest periods as required under California law. Class action litigation has increased exponentially in California, with meal… Continue Reading

USDA Tightens Oversight and Announces New Foodborne Illness Measures

Posted in Foodborne Illness

On May 2, 2012, the United States Department of Agriculture (“USDA”) announced a series of prevention-based policy measures that it believes will better protect consumers from foodborne illness in meat and poultry products. The USDA states that the purpose of these new regulations is to better allow both manufacturers and the USDA to:     (1)… Continue Reading

FDA Pumps The Brakes On Nanotechnology In The Food Industry

Posted in Foodborne Illness, Litigation Trends

Nanotechnology is a cutting edge technology which involves the use of engineered, non-soluble material so tiny, it cannot be seen through a light microscope. Through manipulation of the chemical, physical and biological properties of nanomaterials, manufacturers can significantly alter the product into which they are added.   The potential capabilities of this technology in the food industry are… Continue Reading

The Discoverability of Social Media in Personal Injury Litigation

Posted in Litigation Trends

Gone are the days of handwritten personal diaries and daily journal entries.  Internet-based social networking has replaced pen and paper.  Facebook reports that it had 901 million monthly active users worldwide as of March, 2012.  With the explosion of social networking in recent years, litigation counsel are becoming more savvy at using this technology to… Continue Reading

John Crane v. Hardick: No Non-Pecuniary Damages for the Estate of a Former Navy Sailor

Posted in Asbestos Litigation, Delaware Courts

  As has been discussed on this blog, a number of Courts—including the Eastern District of Pennsylvania and the DE Maritime—have recently held that maritime law may apply to claims brought by former Navy sailors who allege exposure to asbestos while performing maintenance work on ships while at sea.  Now, the Supreme Court of Virginia,… Continue Reading