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Mississippi Supreme Court allows plaintiff to prove she was common-law wife in silicosis litigation

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • May 12 2011

Reconsidering a matter that divided the court in 2010, the Mississippi Supreme Court has reversed itself and will allow some claims to proceed in wrongful-death litigation involving silica exposure filed by the decedent's purported common-law wife

Class counsel misconduct need not be egregious to warrant certification denial

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • December 8 2011

Writing for the Seventh Circuit Court of Appeals, Judge Richard Posner has held that misconduct by putative class counsel does not have to be egregious for a court to deny a motion to certify the class

CPSC extends stay of enforcement for testing, certification of lead content in children’s products

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • February 17 2011

The Consumer Product Safety Commission (CPSC) has announced that it has extended its stay of enforcement for testing and certification of total lead content in children's products until the end of 2011

Class claims baby carrier maker hides need for added costs to accommodate

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • November 7 2013

A California resident has filed a putative statewide class action against the company that makes the Ergo Baby Carrier, alleging that the defendant

FDA warning letter followed by consumer fraud lawsuits against mouthwash manufacturer

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • October 14 2010

Immediately after the Food and Drug Administration (FDA) issued a warning letter to Johnson & Johnson Consumer Products, Inc. to challenge the company’s promotion of Listerine Total Care Anticavity Mouthwash as an anti-plaque product, putative class actions alleging consumer fraud were filed against the company in California and Florida

Apparent manufacturer doctrine not applied to product liability claim filed under Kentucky law

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • September 16 2010

A federal court in Kentucky has denied a plaintiff's motion for summary judgment in strict liability litigation against a company that sold, under its own label, allegedly defective boat tie-down straps made by another company

House subcommittee votes to maintain last year’s CPSC funding

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • June 14 2012

The House of Representative’s Financial Services and General Government Subcommittee has approved a fiscal year (FY) 2013 financial services appropriations bill, which includes maintaining the Consumer Product Safety Commission’s (CPSC’s) $114.5-million FY 2012 budget

Federal appeals court finds jurisdiction proper in auto fatality case

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • August 19 2010

The Eleventh Circuit Court of Appeals has determined that, even if a plaintiff alleges unspecified damages, a defendant can establish jurisdiction in federal court where removability "is apparent from the face of the complaint."

FDA shutters peanut butter plant implicated in Salmonella outbreak

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • November 29 2012

The Food and Drug Administration (FDA) has suspended operations at nut and seed spread manufacturer Sunland Inc.’s New Mexico plant after investigators reportedly discovered Salmonella-tainted peanut butter linked to an outbreak that has allegedly sickened 41 people in 20 states this year

Status report shows NHTSA behind schedule on significant rules

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • February 14 2013

According to a monthly U.S. Department of Transportation (DOT) status report, the National Highway Traffic Safety Administration (NHTSA) is behind