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Pennsylvania Supreme Court requires products defendant to plead and prove highly reckless conduct as affirmative defense
  • Shook Hardy & Bacon LLP
  • USA
  • November 29 2012

In a matter of first impression, a divided Pennsylvania Supreme Court has determined that a products liability defendant must plead and prove as an affirmative defense that an injured plaintiff’s alleged “highly reckless conduct” was the sole or superseding cause of her injuries


DRI national poll uncovers perceptions of flaws in U.S. civil justice system
  • Shook Hardy & Bacon LLP
  • USA
  • September 27 2012

DRI-The Voice of the Defense Bar recently issued a report titled “The DRI National Poll on the Civil Justice System,” in which it found, on the basis of a random sample of 1,020 U.S. adults, that a significant percentage (41) of respondents indicated that they were not confident that the civil law system produces just and fair results


Federal court narrows claims against pet chew toy maker
  • Shook Hardy & Bacon LLP
  • USA
  • September 27 2012

A federal court in Maryland has dismissed a number of claims filed by a pet owner whose French bulldog allegedly ingested part of a Nylabone chew toy that subsequently caused intestinal injury


FTC charges juice maker with deceptive advertising after juice maker charges FTC with exceeding authority in regulating health-related claims
  • Shook Hardy & Bacon LLP
  • USA
  • September 30 2010

Less than two weeks after POM Wonderful LLC filed a complaint against the Federal Trade Commission (FTC) alleging that new requirements imposed on food producers making health-related claims exceeded the agency's authority, FTC filed a complaint charging the pomegranate juice maker with "making false and unsubstantiated claims that their products will prevent or treat heart disease, prostate cancer, and erectile dysfunction."


California Supreme Court explores limits of standing in consumer protection law
  • Shook Hardy & Bacon LLP
  • USA
  • February 3 2011

In a case alleging that a lockset manufacturer violated consumer protection laws by falsely labeling its products as "Made in the U.S.A.,” the California Supreme Court has determined that the plaintiff has standing to bring the action despite the enactment of Proposition 64, which placed some limitations on those who can file unfair competition and false advertising lawsuits


Wisconsin Governor signs sweeping tort reform bill into law
  • Shook Hardy & Bacon LLP
  • USA
  • February 3 2011

Wisconsin Governor Scott Walker (R) has signed a tort reform bill (A.B. 1) designed to provide businesses and nursing homes with added protection from lawsuits


Maryland High Court upholds non-economic damages limit
  • Shook Hardy & Bacon LLP
  • USA
  • September 30 2010

The Maryland Court of Appeals has determined that a statutory cap on non-economic damages does not violate a plaintiff's constitutional rights


New York trial judge orders access to private Facebook and MySpace postings
  • Shook Hardy & Bacon LLP
  • USA
  • September 30 2010

In a personal injury lawsuit involving an allegedly defective desk chair, a Suffolk County, New York, trial court has reportedly ordered the plaintiff to give the defendant manufacturer authorization to access the private postings on her social networking sites


Suit seeking regulation of anti-bacterial soap ingredients dismissed
  • Shook Hardy & Bacon LLP
  • USA
  • February 3 2011

A federal court in New York has dismissed claims filed by the Natural Resources Defense Council (NRDC) against the Food and Drug Administration (FDA), seeking to force the agency to regulate two anti-bacterial soap ingredients that NRDC alleges pose health risks


Federal court imposes sanctions for failure to preserve electronically stored evidence
  • Shook Hardy & Bacon LLP
  • USA
  • September 30 2010

A federal magistrate judge in Maryland has recommended the entry of a default judgment against a defendant that failed to preserve or intentionally destroyed evidence in violation of court orders and has further ordered the incarceration of defendant's president "unless and until he pays to Plaintiff the attorney's fees and costs that will be awarded to Plaintiff as the prevailing party."