Reed Smith - In 2011, plaintiffs launched a putative class action with class members from California, New York, New Jersey, and Wisconsin in a New Jersey district court against Tropicana Products, Inc., a division of PepsiCo, Inc. over Tropicana’s claim that its … [Read more...]
The Chinese Vitamin C Case – Courts’ Need to Show “Deferrence” To Foreign Government Parties in US Courts
Sidley.com - The Second Circuit reversed a jury verdict of US$147 million after trebling and dismissed antitrust claims against a Chinese manufacturer of vitamin C, ruling that the case should have been dismissed by the district court on a motion to dismiss, which was filed just … [Read more...]
One More Reason Why Medical Device Class Actions Don’t Work
Reed Smith - The Ninth Circuit filed a preemption opinion the other day that should help prevent the “foodification” of medical device litigation. That made-up word refers to the wasteful food-related class action litigation that has somewhat thrived in California. The template … [Read more...]
Can One Bad Apple Spoil the Bunch?
Drinker Biddle - By Patrick M. Harrington and Sandra K. JonesAccording to their recent press release, Intrexon Corp (NYSE:XON) recently purchased a Canadian specialty food producer, namely Okanagan Specialty Fruits Inc., the inventor of the “Arctic®” apple. If you have not … [Read more...]
Food & Beverage Industry Faces Close Scrutiny in 2015
McGuireWoods - For 2015, the food and beverage industry will experience governmental attention on a number of fronts. Given the Department of Justice’s recent success in prosecuting food manufacturing executives on criminal charges, the industry likely will see more of the same … [Read more...]
The Dangers in the “Shrink Wrap” Contracts –
Blank Rome - -Ninth Circuit Holds that Putative TCPA Class Action Is Not Subject to Arbitration Clause in Shrinkwrap Contract Action Item: Companies utilizing “shrinkwrap” or form contracts within product packaging or in “Welcome Kits” should take steps to … [Read more...]
Foley Hoag’s Product Liability Update
Law firm Foley Hoag publishes their quarterly update on product liability issues.Massachusetts Supreme Judicial Court Holds Foreign Manufacturer Which Pled Meritorious Personal Jurisdiction Defense in Answer, But Did Not Move to Dismiss, Forfeited Defense By Participating … [Read more...]
Gun Maker’s Product Liability Ruling Reinstated
A product liability lawsuit against the gun maker Smith & Wesson has been reinstated by a federal appeals court, who say the lower court should have permitted expert evidence despite it contradicting the plaintiff's own evidence about the circumstances relating to a firearms … [Read more...]
Lawyers Withdraw from Gun Liability Case
The US Court of Appeals has permitted law firm Morgan Lewis & Bockius to withdraw from representing a Turkish arms manufacturer that remains liable for a $25 million on a three-decades-old products liability and civil contempt judgment. Plaintiff Robert Ohntrup was shot … [Read more...]
