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18 results found


Shook Hardy & Bacon LLP | USA | 24 Oct 2013

Federal court rejects medical monitoring in spray-foam insulation class action

A federal court in Pennsylvania has dismissed, with prejudice, the medical-monitoring claim in a putative class action against the manufacturer and


Shook Hardy & Bacon LLP | USA | 3 Oct 2013

Seventh Circuit reverses verdict, jury improperly allowed to examine ladder exemplar

The Seventh Circuit Court of Appeals has determined that a district court abused its discretion by allowing an exemplar ladder, introduced as a


Shook Hardy & Bacon LLP | USA | 18 Jul 2013

Ninth Circuit dismisses ATS claims against Rio Tinto

On remand from the U.S. Supreme Court and in light of Kiobel v. Royal Dutch Petroleum Co., 133 S. Ct. 1659 (2013), the Ninth Circuit Court of Appeals


Shook Hardy & Bacon LLP | USA | 18 Jul 2013

Spray-foam multistate products class action dismissed in part

A federal court in Pennsylvania has dismissed several claims without prejudice in putative class litigation alleging that the installation of spray


Shook Hardy & Bacon LLP | USA | 13 Jun 2013

Third Circuit affirms asbestos suit dismissals with prejudice

The Third Circuit Court of Appeals has dismissed with prejudice the injury claims of 12 individual plaintiffs whose proceedings are part of an


Shook Hardy & Bacon LLP | USA | 25 Oct 2012

Federal court dismisses suit challenging dietary supplement labeling claims

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).


Shook Hardy & Bacon LLP | USA | 13 Sep 2012

Claims in cat litter false-advertising dispute narrowed

A federal court in California, considering consolidated consumer fraud claims against the company that makes Fresh Step cat litter, has granted in part Clorox’s motion to dismiss and denied its motion to strike the class allegations.


Shook Hardy & Bacon LLP | USA | 28 Jun 2012

Court dismisses most claims against football helmet manufacturers

A federal court in Florida has dismissed without prejudice a number of putative class action claims filed by the father of boys who play high-school football against companies that make football helmets alleging that the companies misrepresented the ability of the helmets to prevent concussions.


Shook Hardy & Bacon LLP | USA | 28 Apr 2011

Court overturns award to home builder seeking insurance coverage for faulty stucco siding

A Texas appeals court has overturned a jury award in excess of $5 million rendered in favor of a home builder, finding that (i) the builder failed to distinguish at trial between the work it did to remove and replace defective stucco siding as a preventative and its costs to repair water damage to the homes, and (ii) the insurance policy at issue did not cover losses the builder incurred by settling homeowner claims without the insurer's consent.


Shook Hardy & Bacon LLP | USA | 3 Mar 2011

Louisiana Supreme Court rules child’s injury on oil pump not compensable

The Louisiana Supreme Court has dismissed product liability claims filed against the company that made an oil well pump which a 13-year-old attempted to "ride" and was seriously injured when his pants became entangled in its parts.

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