On April 19, 2016, the Third Circuit Court of Appeals issued its opinion on the issue of federal preemption in Sikkelee v. Precision Airmotive Corp. The sixty-one page opinion effectively narrowed the scope of federal preemption and held that aviation…
Yearly Archives: 2016
Federal Preemption Narrowed For Aviation Suppliers In Sikkelee v. Precision Airmotive Corp.
Posted in Uncategorized
Bellwether Trials: What Manufacturers Can Learn from the GM Ignition Claim MDL
As product liability multidistrict litigation becomes more prevalent, it is important for manufacturers to understand how the bellwether trial process works and how to use it to their advantage. The ongoing bellwether trials in the GM faulty ignition switch MDL…
Posted in Automotive
POM Wonderful LLC v. Coca Cola Co.: legal battle nearly over, but industry litigation landscape forever changed…
On March 18, 2016, Pom Wonderful LLC made closing arguments in its trial against Coca-Cola for the alleged misleading marketing of a pomegranate-blueberry juice which contained only trace amounts of either pomegranate or blueberry juice. Pom’s attorneys argued that Coca-Cola…
Posted in Food
Amended Rule 26: Protecting Against Competitively Sensitive Disclosures
Hundreds of billions of business e-mails are sent per day. That number may not come as a shock to many, but once a company is involved in litigation, e-discovery can be quite burdensome. Even the mention of the phrase “e-discovery”…
Posted in Uncategorized
New York Court of Appeals Rejects Litigation Science under Frye Standard
Put quotes around the phrase “litigation science” and Google it. Go ahead, we’ll wait. . . . . What did you find? Not good, right. You found a lot. Too much. The first Google page alone shows how controversial this…
Posted in Experts
Sweet Victory: Whole Foods Uses FDA Regulations to Dismiss Complaint in Greek Yogurt MDL
This month, United States District Judge Sam Sparks of the Western District of Texas dismissed a Second Amended Consolidated Complaint in an MDL styled In re: Whole Foods Market, Inc., Greek Yogurt Marketing and Sales Practices Litigation. At issue in…
Roadmap for a Successful Product Inspection
One of the tasks manufacturing companies frequently face is having their products inspected and tested as part of the pre-litigation or litigation process. While this may sound routine, it is important to have a detailed roadmap for conducting a successful…
Posted in Inspections
Understanding the Risk and Defending Against Food-Borne Illness Class Action Litigation
Companies in the food and beverage industry are routinely confronted with false advertising claims making incredulous allegations. Recently, consumers claimed to be misled because “Froot Loops” has no real fruit and there are no real berries in “Captain Crunch Crunchberries.”…
Posted in Food
The Fairness in Class Action Litigation Act of 2016 – What It Can Mean For Consumer Product Manufacturers
Last year, the chairman of the House Judiciary Committee, Bob Goodlatte (R. Va.), proposed the Fairness in Class Action Litigation Act of 2015-2016 (H.R. 1927). The Act passed the House last week on January 8, 2016, and is presently before…
Posted in Manufacturer
Washington Court Upholds Preemption Ruling for Aircraft Component Manufacturer
Last week, in the Estate of Virgil Becker v. Forward Technology Industries, Inc., a Washington appellate court upheld a lower court decision affirming the dismissal of claims against an aircraft component manufacturer on grounds of federal preemption. This decision represents…
Posted in Manufacturer
