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Ninth Circuit reverses asbestos judgment; district court failed to conduct Daubert hearing

Shook Hardy & Bacon LLP
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USA
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November 29 2012

The Ninth Circuit Court of Appeals has determined that a district court abused its discretion by failing to conduct a Daubert hearing when asked to reconsider the credentials of plaintiffs’ expert witness and thus reversed a $9.37-million jury award for injury allegedly caused by occupational exposure to asbestos

Homeowners allege spray foam insulation endangers health

Shook Hardy & Bacon LLP
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USA
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November 29 2012

Pennsylvania residents have filed a putative class action against companies that made and installed spray foam insulation (SPF) in their homes, claiming that its application “causes property damage and health hazards to occupants of installed homes such that the only remedy is the complete removal of SPF.”

Alabama jury finds no seatbelt defect in accident ejection suit

Shook Hardy & Bacon LLP
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USA
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November 29 2012

A state jury in Alabama has determined that a seatbelt manufacturer was not liable for the injuries sustained by a pregnant driver who was ejected from her minivan during an accident despite wearing a seatbelt

Insufficient evidence of lost profits shown in law firm’s dispute with ediscovery vendor

Shook Hardy & Bacon LLP
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USA
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November 8 2012

A Texas appeals court has determined that a law firm failed to substantiate its claim for damages in a breach of contract counterclaim against a vendor hired to provide litigation support services involving electronic discovery

Putative class suit against cosmetics maker follows FDA warning letter

Shook Hardy & Bacon LLP
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USA
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November 8 2012

Less than three weeks after the Food and Drug Administration (FDA) issued a warning letter advising Avon Products that marketing claims for some of its Anew beauty products violate the Food, Drug, and Cosmetic Act, a California resident filed a putative class action against the company claiming that class members did not get the benefit of their bargain in purchasing the products

Fifth Circuit reverses certification ruling; opt-in classes not allowed

Shook Hardy & Bacon LLP
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USA
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November 8 2012

The Fifth Circuit Court of Appeals has reversed a class certification ruling because the putative class members, which are governmental entities, may not join the class without undertaking certain steps to obtain representation by private counsel and thus, in effect, opt into the class

Defense interests urge SCOTUS to rein in jurisdictional threshold workarounds under CAFA

Shook Hardy & Bacon LLP
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USA
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November 8 2012

In a case that could affect whether limits on the exercise of original federal jurisdiction will continue to be applied when putative class actions are removed to federal court under the Class Action Fairness Act (CAFA), amicus briefing is complete and the matter is scheduled for argument before the U.S. Supreme Court on January 7, 2013. Standard Fire Ins. Co. v. Knowles, No. 11-1450 (U.S., cert. granted August 31, 2012

When does a shirt becomes a service in a personal injury lawsuit?

Shook Hardy & Bacon LLP
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USA
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October 25 2012

A federal court in Indiana has determined that a reasonable jury could find that the relationship between an injured plaintiff and the company that supplied the shirt he was wearing while employed as a welderplasma torch operator “was predominantly for the sale of a service”; thus the court allowed the plaintiff’s negligence claim to proceed while granting the defendant’s motion for summary judgment on claims of product defect

Parties seek dismissal in case questioning FDA authority to regulate animal-drug compounding

Shook Hardy & Bacon LLP
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USA
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October 25 2012

A Florida pharmacist, whom the Food and Drug Administration (FDA) sought to enjoin from filling veterinarians’ prescriptions for non-food producing animals by compounding from bulk substances without FDA approval, has joined with the U.S. government in seeking the dismissal of its appeal from a district court decision finding that FDA had no authority to do so

Federal court dismisses suit challenging dietary supplement labeling claims

Shook Hardy & Bacon LLP
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USA
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October 25 2012

A federal court in California has dismissed with prejudice a claim alleging mislabeling of a dietary supplement product under the Magnuson-Moss Warranty Act and has dismissed the remaining claims without prejudice for failure to satisfy the amount-in-controversy requirement under 28 U.S.C. 1332(a) and (d

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