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|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...
|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...
|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...
|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...
|5 Products Containing Asbestos|
Katie Nealon; Brayton Purcell LLP;
November 28, 2013, previously published on November 22, 2013It is hard to look back on the history of asbestos use in America without wondering, "Why?" Why did it take so long for asbestos to be phased out of our military, schools, and products? An even bigger question you might be asking is: "Just where is asbestos still present today?"
|Strict Voluntary Recall "Guidelines" Proposed by CPSC|
Sheila A. Millar, Jean-Cyril Walker; Keller and Heckman LLP;
November 27, 2013, previously published on November 22, 2013Under a proposed change to its guidelines on voluntary recalls, the U.S. Consumer Product Safety Commission would prescribe a detailed template for voluntary recall notices. Compliance programs would also be added to the list of elements that may be included in voluntary corrective action plans...
|When is a Product Natural? A Dangerous New Front in the Battle Over A Notoriously Undefined Term|
Barry M. Benjamin, John C. Knapp; Kilpatrick Townsend & Stockton LLP;
November 25, 2013, previously published on November 22, 2013A class action filed in California this month challenges the “100% Natural” claim on Celestial Seasonings’ teas on the basis of testing alleged to have revealed the presence of various pesticides and other toxic elements in the product. However, the case, Von Slomski v. Hain...