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|Fake Snow Made From Asbestos|
Katie Nealon; Brayton Purcell LLP;
December 19, 2013, previously published on December 18, 2013Remember when we took a closer look at some of the products that asbestos could be found within throughout our history? In the past, asbestos fibers had been worked into 3,000-5,000 consumer products. It seems only fitting that we would find some of this toxic substance within vintage holiday...
|Final Prepaid Card Regulations and New Consumer Protection Code Announced|
Borden Ladner Gervais LLP;
December 18, 2013, previously published on December 16, 2013In the first week of December 2013, the Canadian federal government announced the final publication of the Prepaid Payments Products Regulations (the “Regulations”) concurrent with its launch of consultations on the development of a new financial consumer code (the “Consumer...
|Personalized Products Companies and the Consumer Product Safety Act|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
December 16, 2013, previously published on December 6, 2013We have previously blogged about the sometimes difficult decision that companies face when classifying their products as “children’s” or “general-use” products and the uncertainty of predicting whether the Consumer Product Safety Commission (“CPSC”) will...
|Punitive Damages Based on Gross Negligence: Massachusetts Bucks the Trend|
Christopher P. Flanagan, Christopher J. Seusing; Wilson Elser Moskowitz Edelman & Dicker LLP;
December 16, 2013, previously published on December 2013In the recent decision in Aleo v. SLB Toys USA, Inc., 466 Mass. 398 (2013), the Massachusetts Supreme Judicial Court (SJC) found that an $18 million punitive damages award based on gross negligence was not grossly excessive or violative of due process. As one of eight states that permit punitive...
|Red Bull Energy Drink's Wrongful Death Lawsuit|
James P. Nevin; Brayton Purcell, LLP;
December 3, 2013, previously published on November 29, 2013The beverage giant Red Bull is facing its first wrongful death lawsuit, with the family of the deceased seeking $85 million in damages. Brooklyn father Cory Terry, 33, died during a basketball game after downing the caffeine-laden beverage - his relatives are blaming the world's largest energy...
|FINRA'S Recent Changes To The Discovery Guide|
Robert E. Goldberg, Hugo A. Hilgendorff; Bressler, Amery & Ross A Professional Corporation;
December 3, 2013, previously published on November 27, 2013FINRA recently issued Regulatory Notice to Members (“NTM”) 13-40, which announced several significant amendments to the arbitration Discovery Guide. These changes concern (i) e-discovery, (ii) product cases, and (iii) affirmations regarding non-production. These changes impact all...
|In re KB Toys, Inc.: Third Circuit Holds That Purchased Claims Are Taken Subject to Defenses Available Against Original Holders|
Stutman Treister Glatt Professional Corporation;
December 2, 2013In a cautionary tale for purchasers of bankruptcy claims, the United States Court of Appeals for the Third Circuit held that a purchaser of a claim against a bankruptcy estate is subject to having that claim disallowed pursuant to section 502(d) of the Bankruptcy Code, where the original holder of...
|Talc Cases May Signal Next Wave of Asbestos Claims|
Robert J. Hurtt; Husch Blackwell LLP;
November 29, 2013, previously published on November 27, 2013Talc, the mineral from which talcum powder is made, is rather innocuous by itself. However, because its chemical makeup and geologic formation is similar to tremolite, a form of asbestos, deposits of the two substances often are located near each other. This proximity creates the possibility for...
|KB Toys: Don’t Play with Clouded Claims|
Ella Shenhav, Kevin J. Walsh; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
November 28, 2013, previously published on November 25, 2013In a recent decision by the influential Third Circuit Court of Appeals, In re KB Toys Inc., 2013 U.S. App. LEXIS 23083 at *17 (3d Cir. Nov. 15, 2013), the Court decided that “the cloud on the claim” stemming from a preferential payment made to the original claimant continues with the...
|Calphalon Recalls XL 9-Speed Blenders Due to Injury Hazard|
James P. Nevin; Brayton Purcell, LLP;
November 28, 2013, previously published on November 21, 2013Calaphalon has issued a recall on 22,000 of its XL 9 speed blenders sold across the US. The recall is due to a piece of the blender's mixing blade breaking off during use, which could pose an injury hazard. The company has received 4 reports of a piece of the blender breaking off, but no injuries...