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Adobe PDFPunitive Damages Based on Gross Negligence: Massachusetts Bucks the Trend
Christopher P. Flanagan, Christopher J. Seusing; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
December 16, 2013, previously published on December 2013
In 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...


HTMLFINRA'S Recent Changes To The Discovery Guide
Robert E. Goldberg, Hugo A. Hilgendorff; Bressler, Amery & Ross A Professional Corporation;
Legal Alert/Article
December 3, 2013, previously published on November 27, 2013
FINRA 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...


HTMLRed Bull Energy Drink's Wrongful Death Lawsuit
James P. Nevin; Brayton Purcell, LLP;
Legal Alert/Article
December 3, 2013, previously published on November 29, 2013
The 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...


HTMLIn re KB Toys, Inc.: Third Circuit Holds That Purchased Claims Are Taken Subject to Defenses Available Against Original Holders
Stutman Treister Glatt Professional Corporation;
Legal Alert/Article
December 2, 2013
In 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...


HTMLTalc Cases May Signal Next Wave of Asbestos Claims
Robert J. Hurtt; Husch Blackwell LLP;
Legal Alert/Article
November 29, 2013, previously published on November 27, 2013
Talc, 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...


HTMLKB Toys: Don’t Play with Clouded Claims
Ella Shenhav, Kevin J. Walsh; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
November 28, 2013, previously published on November 25, 2013
In 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...


HTMLCalphalon Recalls XL 9-Speed Blenders Due to Injury Hazard
James P. Nevin; Brayton Purcell, LLP;
Legal Alert/Article
November 28, 2013, previously published on November 21, 2013
Calaphalon 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...


HTML5 Products Containing Asbestos
Katie Nealon; Brayton Purcell LLP;
Legal Alert/Article
November 28, 2013, previously published on November 22, 2013
It 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?"


HTMLStrict Voluntary Recall "Guidelines" Proposed by CPSC
Sheila A. Millar, Jean-Cyril Walker; Keller and Heckman LLP;
Legal Alert/Article
November 27, 2013, previously published on November 22, 2013
Under 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...


HTMLWhen 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;
Legal Alert/Article
November 25, 2013, previously published on November 22, 2013
A 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...


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