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Results: 1-10 of 16

FDA seeks dismissal of whistleblower retaliation claims

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • 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

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

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • 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

Fired worker seeks SCOTUS review of punitive damages question

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • 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

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

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • 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

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

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • 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
  • -
  • USA
  • -
  • 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
  • -
  • USA
  • -
  • 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
  • -
  • USA
  • -
  • 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

Strict product liability alleged in meat grinder-related mortality

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • March 8 2012

The family of a man allegedly killed while he was cleaning and maintaining a meat grinder in his place of employment has sued the equipment’s manufacturer, claiming that it was unsafe because it lacked a warning signal to signify that “it was powered on and about to start operating” as well as an emergency stop device

Plausibility pleading standard shunned in Tennessee

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • July 28 2011

Invited to adopt the U.S. Supreme Court’s new plausibility pleading standard in an employment law dispute, the Tennessee Supreme Court has declined to do so, citing the state’s long-standing adherence to the more liberal “notice” pleading standard previously applied in the federal courts