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HTMLThe Return of the Slime Monster
Matthew S. Hendricks; Baker Sterchi Cowden & Rice, L.L.C.;
Legal Alert/Article
July 28, 2014, previously published on July 23, 2014
The news is quietly starting to find its way back into internet chat rooms and food web blogs regarding mechanically separated meat products (MSM) - more often referred to by their detractors as “pink slime”. MSM is made by a process in which parts of animal carcasses left over after...

 

HTMLExpect a New Chairman and Five Member CPSC Next Week
Heyl Royster Voelker Allen Professional Corporation;
Legal Alert/Article
July 28, 2014, previously published on July 25, 2014
Yesterday, Senate Majority Leader Harry Reid (D-NV) announced on the Senate Floor (video clip below) that the Senate will consider and vote on the nominations of Elliot Kaye and Joe Mohorovic on Monday, July 28th. President Obama nominated Kaye to serve as the next Chairman and as a Commissioner of...

 

HTMLCPSC Nominees Kaye, Mohorovic, and Adler Sent to Senate Floor for Confirmation Vote
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
July 23, 2014, previously published on July 15, 2014
Today the Senate Commerce, Science, and Transportation Committee approved three pending nominations for the Consumer Product Safety Commission (CPSC). The Committee approved Elliot Kaye as Chairman and Joe Mohorovic and Bob Adler as Commissioners to the CPSC. Although the Committee approved his...

 

HTMLCalifornia Supreme Court Considers Component Parts Doctrine
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
July 23, 2014, previously published on July 18, 2014
Last week, the California Supreme Court granted review of Ramos v. Brenntag Specialties, Inc. to resolve a split in the Second Appellate District regarding the application of California’s component parts doctrine. The component parts doctrine stands for the proposition that a company that...

 

HTMLDefendants Win Summary Judgment In Australian Plane Crash Case In Illinois Federal Court
Sutherland Asbill Brennan LLP;
Legal Alert/Article
July 18, 2014, previously published on July 16, 2014
The estate administrators of victims of an Australia plane crash sued three companies in the United States alleging that the pilots’ navigational charts and the plane’s ground proximity warning system (“GPWS”) caused the crash. In granting the defendants’ motion for...

 

HTMLRound Three: California Appellate Courts Home in on Duty of Care in Household Asbestos Exposure
Eimi Watanabe; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
July 18, 2014, previously published on July 1, 2014
On June 3, 2014, Wilson Elser issued a Client Alert on the decision in Johnny Blaine Kesner Jr. v. Superior Court of Alameda County (2014) 226 Cal.App.4th 251, in which the First District Court of Appeal held that an employer owed a duty of care to a third party for exposure to asbestos through...

 

HTMLAsbestos MDL Court Concludes Punitive Damages For Unseaworthiness Allowed For Seaman But Not For A Seaman’s Personal Representative In Survival Actions
Sutherland Asbill Brennan LLP;
Legal Alert/Article
July 17, 2014, previously published on July 15, 2014
In the consolidated asbestos products liability MDL pending in the U.S. District Court for the Eastern District of Pennsylvania, the court had the opportunity last week to address significant issues with respect to the maritime cases in the MDL brought by various merchant marines and their...

 

HTMLStrict Products Liability And Implied Warranty Of Merchantability Claims Allowed To Proceed Against Air Mattress Manufacturer And Retailer
Sutherland Asbill Brennan LLP;
Legal Alert/Article
July 16, 2014, previously published on July 10, 2014
The U.S. District Court for the Middle District of Florida denied a motion to dismiss a plaintiff’s strict products liability and implied warranty of merchantability claims against an air mattress manufacturer and the retailer from which the product was purchased. The plaintiff was allegedly...

 

HTMLStepped Up Enforcement Against Inadequate Negative Option/Automatic-Renewal Disclosures
Ed Chansky, Irving Scher; Greenberg Traurig, LLP;
Legal Alert/Article
July 16, 2014, previously published on July 8, 2014
Negative options have been defined by the FTC as commercial transactions in which sellers interpret a customer’s failure to take an affirmative action, either to reject an offer or cancel an agreement, as assent to be charged for goods or services. Common forms include continuity plans or the...

 

HTMLIn A Differential Etiology, Experts Need Not Rule Out All Possible Causes
Bryan E. Mouber; Baker Sterchi Cowden & Rice, L.L.C.;
Legal Alert/Article
July 15, 2014, previously published on June 23, 2014
In Johnson v. Mead Johnson & Co., LLC (No. 13-1685), 2014 U.S.App. LEXIS 10541 (8th Cir. June 6, 2014), the court reaffirmed the applicability of the Daubert standard to both the “ruling in” and “ruling out” process of differential etiology, the process by which an...

 


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