Defense Litigation Insider Helping you navigate a clear path through complex litigation.

Eric Skelly

Eric Skelly is a partner with Manion Gaynor & Manning. 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.

Posts by Eric Skelly

Don’t Be Left Asking “Where’s the Beef?” in Your Insurance Policy

Posted in Foodborne Illness

Careful consideration of the language used in an insurance policy, or any contract for that matter, is extremely important.  A food services company, Meyer Natural Foods LLC (“Meyer”), found that out the hard way in a recent case filed in the U.S.D.C for the District of Nebraska.[1]  Exclusionary language in an insurance policy precluded Meyer… Continue Reading

Massachusetts’ Supreme Judicial Court Upholds Record $63 Million Verdict in Children’s Motrin Case

Posted in Pharmaceutical and Medical Devices, Products Liability

  The Massachusetts Supreme Judicial Court has affirmed a record $63 million jury verdict against healthcare giant Johnson & Johnson for allegedly inadequate warnings about the health risks associated with Children’s Motrin. The facts underlying this remarkable verdict are undeniably tragic, but they also demonstrate just how important clear and comprehensive warnings are for product… Continue Reading

Blue Bell Ice Cream’s Path to Listeria Recall Follows a Rocky Road

Posted in Foodborne Illness, Products Liability

How to ‘Bell-weather’ a Recall: Position Your Company to Withstand a Recall Efficiently and Effectively   Headlines announcing the recall of some product or another seem to appear as regularly as the changing of the seasons, and often times, to the consumer at large, they come and go just as subtly. It is wholly unsurprising,… Continue Reading

New Era of Criminal Prosecution For Those in the Food Safety and Pharmaceutical Industry

Posted in All Practice Areas, Foodborne Illness, Pharmaceutical and Medical Devices

A deadly Listeria outbreak has swept across the United States in recent weeks, sickening at least 29 people and taking the lives of three.  This latest tragedy is reportedly linked to the sale of commercially produced, prepackaged caramelized apples. If recent media reports are accurate, the situation highlights the devastation a single breach in sanitation… Continue Reading

Will House Bill 4123 Turn Massachusetts Into a Filing Haven for Plaintiffs?

Posted in Asbestos Litigation, Environmental Litigation, Products Liability, Toxic Tort

  House Bill 4123 makes two changes to Massachusetts Superior Court procedure, both of which favor plaintiffs.  The first, addressed by Section 1 of the bill, allows plaintiffs’ attorneys to request a specific monetary amount of damages at trial.  The second, addressed by Section 2 of the bill, allows attorneys to conduct voir dire.  … Continue Reading

Ben & Jerry’s Recall: Container Label Missing Nut Allergen Advisory in Chocolate Nougat Crunch

Posted in Foodborne Illness, Products Liability

With 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

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