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Category Archives: Litigation Trends

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CALIFORNIA SUPREME COURT PUBLISHES ANOTHER OPINION LIMITING POOL OF DEFENDANTS AVAILABLE TO PLAINTIFFS IN CALIFORNIA ASBESTOS LITIGATION

By Carrie Lin on Posted in Asbestos Litigation, California Courts, Toxic Tort

The California Supreme Court recently resolved conflicting opinions from state appellate intermediary courts on the subject of whether, or under what circumstances, a plaintiff may sue a dissolved out of State corporation in California. In Greb v. Diamond International Company, 56 Cal. 4th 243 (2013) the Court held that dissolved foreign corporations are not subject… Continue Reading

Getting the Facts: House Considers the “Furthering Asbestos Claims Transparency (FACT) Act” of 2013

By Shaina Rasmussen and Brian Gross on Posted in Asbestos Litigation, Litigation Trends, Toxic Tort

The House of Representatives subcommittee on Regulatory Reform, Commercial and Antitrust Law is currently considering the “Furthering Asbestos Claims Transparency (FACT) Act.”   The bipartisan legislation, introduced by Representatives Blake Farenthold (R-TX) and Jim Matheson (D-UT), aims to bring transparency to federal asbestos bankruptcy trusts. Bill H.R. 982 would require federal asbestos bankruptcy trusts to file quarterly… Continue Reading

Free and Clear: Dissolved Delaware Corporation Deemed Not Liable for Asbestos-Related Liabilities More than 10 Years After Dissolution

By Peter Faben and Brian Gross on Posted in Asbestos Litigation, Delaware Courts

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

FDA Prepares to Release a Regulation on the Labeling of “Gluten-Free” Food by the End of 2012

By Margaret Moran and Brian Gross on Posted in False-Labeling Claims, Litigation Trends, Products Liability

The 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

Verdict Alert: Delaware jury awards $2.8 million to surviving wife and estate of a 62 year-old deceased man with mesothelioma in a talc case.

By Peter Faben and Jason Cincilla on Posted in Asbestos Litigation, Delaware Courts

On July 27, 2012, a jury in the matter of Michael Galliher v. American Optical Corp., et al., an asbestos personal injury lawsuit pending in the Superior Court of the State of Delaware, awarded over $2.8 million to the surviving wife and the estate of Michael Galliher.  The jury found the sole defendant at trial,… Continue Reading

“Fantasy” Sports Litigation: Bold Predictions Surrounding America’s Second-Favorite Pastime

By Kenneth R. Costa on Posted in Litigation Trends

Over the course of the last 5 years, I have slowly but surely become engulfed, addicted, and borderline obsessed with this time of year, all thanks to football.  However, unlike many Pats or Giants fans, it’s not because I am anxiously waiting to see “Doctor” Brady go to work on Sunday afternoon and pick apart… Continue Reading

Are California Food Manufacturers Prepared for Proposition 37: Imposed Labeling Mandates For Genetically Modified Organisms?

By Javier F. Flores and Brian Gross on Posted in California Courts, False-Labeling Claims, Foodborne Illness, Litigation Trends

California’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

Avoiding Litigation Risks Arising Out of Private Investment Firms’ Controlling Interest in Portfolio Companies

By Daniel McCarthy on Posted in Litigation Trends, Massachusetts Courts

Recently, my firm Cooley Manion Jones LLP, successfully obtained summary judgment (download pdf) on behalf of its clients, Boca Raton-based private equity firm Sun Capital Partners, Inc. and six of its affiliated entities.  The claims were brought by two entities that had entered into contractual relationships to serve as independent sales representatives on behalf of Sun… Continue Reading

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

By Kenneth R. Costa and Brian Gross on 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

By Kenneth R. Costa and Brian Gross on 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

By Brian Gross and Brittany Maly on 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

FDA Pumps The Brakes On Nanotechnology In The Food Industry

By Javier F. Flores and Brian Gross on 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

By Daniel McCarthy and Brian Gross on 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

By Peter Faben and Brian Gross on 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

Can The Food Service Industry Navigate The USDA’s Zero Tolerance Policy on E.coli and Still Put Food On The Table?

By Javier F. Flores on Posted in Foodborne Illness, Litigation Trends

Co-authored by Brian Gross  The USDA has recently announced that it will delay implementation of a controversial new program to extend its Zero Tolerance Policy for E. coli 0157:H7 to include six additional E. coli serogroups:  O26; O45; O103; O111; O121; and O145, which the USDA declared adulterants in non-intact raw beef.  The new policy, which… Continue Reading

Increased Market for Cyber Insurance Means Litigation On the Horizon

By Michael R. Brown on Posted in Litigation Trends

Co-authored by Brian Gross  Cyber security, the protection of an entity’s confidential and proprietary information, is becoming an increasingly important concern to companies in almost every industry.  Moreover, as technology continues to grow at an exponential rate, cyber crimes and the resultant litigation continue to grow right along with it. It is no secret that businesses… Continue Reading

Philadelphia Judge Addresses Criticisms of Court’s Asbestos Program

By Peter Faben on Posted in Asbestos Litigation, Litigation Trends

Co-authored by Brian Gross  This week, the Honorable John W. Herron, the Administrative Judge of the Trial Division of the Court of Common Pleas of Philadelphia, issued a significant order that attempts to address perceived problems in the Court’s Mass Tort and Asbestos Programs.  The order, available here, enumerates 15 different reforms that will significantly change… Continue Reading

Insurers Beware —Massachusetts Supreme Judicial Court Has Final Word on Damages Plaintiffs Are Entitled to Recover For Defendant-Insurers’ Violations of M.G.L. c. 93a and 176D

By Daniel McCarthy on Posted in Litigation Trends, Massachusetts Courts

Co-authored by Brian Gross  On February 10, 2012, the Massachusetts Supreme Judicial Court found that plaintiffs were entitled to more than $22 million when it held that the damages to which a plaintiff is entitled to recover pursuant to M.G.L. c. 93A and 176D for an insurers’ failure to effect prompt, fair and equitable settlement of… Continue Reading

California Supreme Court Says Equipment Manufacturers Not Liable For Injuries Caused By Asbestos-Containing Replacement Parts

By Carrie Lin on Posted in Asbestos Litigation, California Courts, Litigation Trends, Products Liability

Co-authored by Brian Gross  After years of inconsistent rulings in the trial and appellate courts, the California Supreme Court recently decided the issue of whether plaintiffs in asbestos litigation may pursue claims against equipment manufacturers for injuries caused by asbestos-containing replacement component parts they neither manufactured nor supplied. For the reasons below, the Court expressly rejected this theory of liability and affirmed judgment in… Continue Reading

Forward Progress: Court Creates MDL for Lawsuits Related to Concussions Against the National Football League

By Michael R. Brown on Posted in Litigation Trends, MDL

Co-authored by Brian Gross  Just in time for the Super Bowl, the United States Judicial Panel on Multi-District Litigation (JPMDL) issued an order on January 31 which creates an MDL for the various cases filed by former National Football League (“NFL”) players against the league, in which those former players allege that the NFL acted negligently with… Continue Reading

SOPA/PIPA Update: Congress To Suspend SOPA

By Kenneth R. Costa on Posted in Litigation Trends

Co-authored by Brian Gross  Earlier today we published an article discussing the SOPA Blackout and outlining the major considerations and impact of both SOPA and PIPA. We have just learned that House Judiciary Committee Chairman Lamar Smith, (R-Texas) has issued a press release announcing the Senate’s decision to postpone consideration of this legislation until there is a… Continue Reading

The Average User’s Guide To SOPA & PIPA: Kim Kardashian, Doodles and Why You Should Care

By Kenneth R. Costa on Posted in IP Litigation, Litigation Trends

Co-authored by Brian Gross  If you’re like me (and 375 million others), then you use Google as your primary search engine, and like most Google users, we are accustomed to seeing the occasional “Doodle” in place of the familiar Google logo. In case you didn’t know, Doodles are the spontaneous and fun changes that Google makes… Continue Reading