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Results: 1-10 of 18

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


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


Ninth Circuit adopts criteria for granting discretionary review under CAFA
  • Shook Hardy & Bacon LLP
  • USA
  • December 9 2010

In the context of an employment law dispute, the Ninth Circuit Court of Appeals has established the criteria it will consider in determining whether to grant an appeal of an order remanding a putative class action to state court under the Class Action Fairness Act (CAFA


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


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


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


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


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


Beryllium exposure not suitable for medical monitoring under Pennsylvania law
  • Shook Hardy & Bacon LLP
  • USA
  • June 24 2010

The Third Circuit Court of Appeals has determined that nearby residents and workers at Pennsylvania factories that allegedly exposed them to beryllium cannot seek medical monitoring