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FDA seeks dismissal of whistleblower retaliation claims

Shook Hardy & Bacon LLP
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USA
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October 11 2012

In an ongoing dispute between scientists critical of the Food and Drug Administration’s (FDA’s) medical-device review process, FDA has sought to dismiss claims of adverse employment action allegedly taken in retaliation for whistleblowing

Fired worker seeks SCOTUS review of punitive damages question

Shook Hardy & Bacon LLP
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USA
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July 19 2012

A former UPS employee who alleges retaliatory discharge has filed a petition for certiorari, seeking U.S. Supreme Court review of a Tenth Circuit decision overturning as excessive a jury’s $2 million punitive damages award

Second Circuit rules failure to institute “litigation hold” does not constitute gross negligence per se

Shook Hardy & Bacon LLP
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USA
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July 19 2012

In the context of an employment discrimination dispute, the Second Circuit Court of Appeals has determined that a district court did not abuse its discretion in denying an adverse inference instruction despite the defendant’s failure to preserve personnel files after receiving notice of the plaintiffs’ Equal Employment Opportunity charge in 2001

OSHA finalizes whistleblower rules under Consumer Product Safety Act amendments

Shook Hardy & Bacon LLP
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USA
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July 19 2012

The Occupational Safety and Health Administration (OSHA) has issued a final rule that took effect July 10, 2012, to implement the protections provided to employees under the Consumer Product Safety Improvement Act of 2008 “against retaliation by a manufacturer, private labeler, distributor, or retailer, because they provided to their employer, the Federal Government or the attorney general of a state, information relating to any violation of, or any act or omission the employees reasonably believe to be a violation of, any provision of an Act enforced by the Consumer Product Safety Commission, or any order, rule, regulation, standard, or ban under any such Act.”

Fifth Circuit upholds fraud verdict and damages against asbestos plaintiffs’ counsel

Shook Hardy & Bacon LLP
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USA
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June 14 2012

A divided Fifth Circuit Court of Appeals panel has affirmed a judgment against two lawyers on claims of fraud and breach of the duty of good faith and fair dealing; their alleged misrepresentations purportedly induced the plaintiff to settle asbestos exposure claims filed by its former employees

OSHA plans to establish Whistleblower Protection Advisory Committee

Shook Hardy & Bacon LLP
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USA
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May 24 2012

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has announced plans to establish a Whistleblower Protection Advisory Committee to improve the “efficiency, effectiveness and transparency” of the agency’s whistleblower protection activities

State trial court sanctions defense counsel for late objection to late-filed expert report in mesothelioma litigation

Shook Hardy & Bacon LLP
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USA
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May 24 2012

A Delaware trial court has allowed the widow of a man, who allegedly contracted mesothelioma from workplace exposure to talc, to use at trial an expert report filed after a discovery deadline; the report purportedly links the talc in the decedent’s lungs to the substance mined and processed by the defendant

New judge, new jury: Union Carbide escapes liability in asbestos exposure re-trial

Shook Hardy & Bacon LLP
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USA
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May 10 2012

Following a successful challenge before the Mississippi Supreme Court to the alleged partiality of the judge who presided over its first trial, which resulted in a $322-million verdict, Union Carbide has won its second trial in an asbestos exposure lawsuit

Illinois Supreme Court allows further development of secondhand asbestos injury theory

Shook Hardy & Bacon LLP
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USA
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April 5 2012

A divided Illinois Supreme Court has decided that a plaintiff has insufficiently pleaded that an employer owed a duty of care to a woman who died from mesothelioma after purportedly being exposed to asbestos on her husband’s clothing from 1958 to 1964

Illinois courts to stop reserving asbestos trial dates for cases not yet filed

Shook Hardy & Bacon LLP
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USA
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April 5 2012

According to a news source, Madison County, Illinois, Associate Judge Clarence Harrison has decided that trial dates will no longer be reserved for asbestos cases that have not yet been filed