The Delaware Court of Chancery recently took a rare foray into the world of asbestos litigation after it was asked to appoint a receiver to distribute the remaining reserves from casualty insurance policies issued to Krafft-Murphy Company, Inc. (“Krafft-Murphy”) to plaintiffs who allege injury from asbestos-containing products used by Krafft-Murphy. The Chancery Court, in an… Continue Reading
Brian Gross
Free and Clear: Dissolved Delaware Corporation Deemed Not Liable for Asbestos-Related Liabilities More than 10 Years After Dissolution
Posted in Asbestos Litigation, Delaware CourtsFSMA: Finally Moving Forward
Posted in Foodborne Illness, FSMA, Litigation TrendsIn the future, we might look back at 2013 as the year the Food Safety Modernization Act (FSMA) finally got some teeth. In January, the Food & Drug Administration (FDA) released two long awaited proposed rules, one aimed at food manufacturers and the other at farmers. A third rule is still in the drafting process… Continue Reading
FDA Prepares to Release a Regulation on the Labeling of “Gluten-Free” Food by the End of 2012
Posted in False-Labeling Claims, Litigation Trends, Products LiabilityThe Food & Drug Administration (FDA) is preparing to release a regulation on the labeling of “gluten-free” food by the end of 2012. Although the regulation will provide much needed guidance to consumers and food manufacturers, it will also establish a standard that food manufactures will need to follow in order to use a “gluten-free”… Continue Reading
Ethics Experts Question Bank of America’s Request for Legal Fee Credit
Posted in Litigation TrendsContributed by CMJ guest blogger, Jamie M. Magnani Bank of America’s new plan to seek reductions in its legal fees from certain outside law firms has some experts questioning the ethics of this unusual practice. The bank is seeking a credit on its annual legal fees based on the amount of customer business it sends… Continue Reading
Are California Food Manufacturers Prepared for Proposition 37: Imposed Labeling Mandates For Genetically Modified Organisms?
Posted in California Courts, False-Labeling Claims, Foodborne Illness, Litigation TrendsCalifornia’s Secretary of State recently announced that the California Right to Know Labeling Initiative will be Proposition 37 on this November’s state ballot. If passed, this initiative would require labeling by food manufacturers of any genetically modified organisms (GMOs), also known as genetically engineered organisms (GEOs). GMOs made their first public appearance in 1994, when… Continue Reading
The Massachusetts Wage Act: Increased Number of Claims Leads to Influx of Important Rulings
Posted in Employment Litigation, Massachusetts CourtsThe Massachusetts Payment of Wages Statute (the “Wage Act”) has lately received a great deal of attention from Massachusetts trial and appellate courts. Although the statute has been in place since 1993, Massachusetts employers have recently faced a marked increase in Wage Act claims, likely due to the availability of treble damages and attorneys fees. Just in the past year, Massachusetts court… Continue Reading
Cargill Initiates Salmonella-Related Recall Of Ground Beef Distributed In The Northeast
Posted in Foodborne IllnessOnJuly 22, 2012, Cargill Meat Solutions Corporation (“Cargill”) announced a Class I voluntary recall of approximately 30,000 pounds of fresh ground beef due to contamination from Salmonella Enteritidis. The recall follows a Salmonella outbreak involving 33 patients in seven states (MA, ME, NH, NY, RI, VA, VT). An investigation performed by the Food Safety and… Continue Reading
Shed a Little Light: Congressional Hearing on Asbestos Bankruptcy Trusts Promises Much-Needed Transparency
Posted in Asbestos LitigationRecently, the Subcommittee on Courts, Commercial and Administrative Law of the U.S. House Judiciary Committee, held a hearing on an important new bill aimed at furthering transparency in asbestos bankruptcy trusts. Proponents of the controversial new bill, entitled H.R. 4369, the “Furthering Asbestos Claim Transparency Act (FACT) Act of 2012,” say that it would… Continue Reading
Ben & Jerry’s Recall: Container Label Missing Nut Allergen Advisory in Chocolate Nougat Crunch
Posted in Foodborne Illness, Products LiabilityWith the Summer Solstice only days away, and peak ice cream eating season upon us, Unilever,PLC, the company which owns Ben & Jerry’s, is voluntarily recalling pints of Ben & Jerry’s Chocolate Nougat Crunch Ice Cream because the container label does not include a statement which warns that the product was manufactured on equipment also… Continue Reading
UPDATE: The Pink Slime Backlash
Posted in Foodborne IllnessAs we reported several weeks ago, there has been a media fueled public outcry against the inclusion of Pink Slime, which is otherwise known as, “lean finely textured beef,” or “LFTB,” in ground beef. LFTB is comprised of the beef scraps which remain after the valuable cuts of meat are sold. These pieces of meat… Continue Reading
UPDATE: POM Down, Far From Out! POM’s New Advertising Campaign Strikes Back at the FTC
Posted in Litigation Trends, Products Liability, UncategorizedAs 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 LiabilityClass 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 TrendsThe 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 IllnessOn 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 TrendsNanotechnology 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 TrendsGone 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 CourtsAs 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
What is Pink Slime and Why is It in My Burger?
Posted in Foodborne IllnessNever has the saying, “ignorance is bliss,” been more true than in the context of the ground beef filler known as “pink slime.” Pink slime, which is known in the food industry as “lean finely textured beef,” or “LFTB,” has been a commonly used ingredient in ground beef for more than two decades. It is… Continue Reading
Benefits of a “First To File” System; Examining The Patent Reform Bill
Posted in IP Litigation, Litigation TrendsOn 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
Financial Crisis Impacts Courtrooms Nationwide
Posted in Litigation TrendsThe financial crisis and subsequent fallout has been widely publicized, and now the effects are beginning to reverberate in courts across the country. In many jurisdictions deep cuts to state budgets have led to layoffs, furlough days, vacant judicial positions, and even courthouse closings. These cuts threaten one of the pillars of the American justice… Continue Reading
Brian D. Gross is a partner at Cooley Manion Jones who has extensive experience in a broad spectrum of litigation. He is also a member of several corporate defendants’ national trial teams. 
Jonathan Tabasky has defended product liability and toxic tort claims throughout New England. Jon represents an array of companies, including those that manufacture prescription drugs, protective clothing, fittings, heating devices, wire and cable, trucks, aircraft and turbines. 
Jason Cincilla is a partner at Cooley Manion Jones and the lead attorney in the firm’s Delaware office. He conducts and supervises a broad litigation practice, and he has extensive experience in all stages of litigation in many areas. 
Javier F. Flores, an associate at Cooley Manion Jones, represents a diverse clientele in a wide variety of civil litigation matters, including products liability, premises liability and food-borne illness claims. 
Sarah M. Knoff is an associate with Cooley Manion Jones. She is a civil litigator who focuses her practice on commercial disputes and toxic tort litigation. 
Michael R. Brown is an associate in the Boston office of Cooley Manion Jones, where his practice focuses on commercial disputes and products liability actions. 
Peter J. Faben is an associate and a member of the Product Liability and Complex Tort Defense team in Cooley Manion Jones’ Delaware office. His practice focuses on toxic tort defense, as well as general commercial litigation. 
Carrie Lin is an associate in Cooley Manion Jones' San Francisco office. Her civil litigation practice focuses on tobacco and asbestos matters as well as the prosecution of employment class action matters. 
Daniel P. McCarthy is an associate in the Boston office of Cooley Manion Jones. Daniel’s practice focuses on civil litigation, toxic torts, professional liability, products liability, and business and commercial disputes. 
Eric Skelly is an associate with Cooley Manion Jones. He is a civil litigator who focuses his practice on all aspects of civil litigation including food liability matters, business and commercial disputes, products liability, and toxic torts. 
Margaret Moran is an associate with Cooley Manion Jones where her practice focuses on civil litigation, including products liability and complex torts litigation. 
Shaina Rasmussen is an associate in Cooley Manion Jones’ Products Liability and Complex Tort Defense Practice Group. Prior to joining CMJ, Shaina worked as a Direct Claims Manager and Mass Tort and Environmental Litigation attorney. 
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