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ConAgra Peanut Butter Plaintiffs Denied Class Status

A federal judge has refused to certify two different classes of plaintiffs in multidistrict litigation that accuses ConAgra Foods Inc. of selling salmonella-contaminated peanut butter.

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Legal And Regulatory Calendar

Friday, Jul 25, 2008

Our daily calendar of events lists conferences and hearings scheduled to take place in the next four weeks.

All-Female Firms Rise But Not Without Controversy

Thursday, Jul 24, 2008

At a time when the number of female-owned law firms appears to be on the rise, Schroder, Joseph & Associates has sparked controversy. A series of the firm's advertisements playing on gender stereotypes was meant to strike the funny bone – and instead hit a nerve.

Lawmakers Attack DOL's Workplace Toxins Rule

Thursday, Jul 24, 2008

Two lawmakers are calling on the U.S. Department of Labor to withdraw last-minute changes to a proposed rule on workplace chemical risk exposure, saying the modifications could dramatically slow the enactment of future health and safety regulations that protect U.S. workers.

Kentucky Prison Awaits Scruggs' Arrival

Thursday, Jul 24, 2008

Famed plaintiffs lawyer Richard “Dickie” Scruggs was ordered Wednesday to report to a federal prison in Ashland, Ky., by Aug. 4 to start serving a five-year sentence for conspiring to bribe a Mississippi state judge.

Judge Abused Discretion In Honda Class Cert: 9th Circ.

Thursday, Jul 24, 2008

An appeals court has booted Judge Manuel L. Real from four statewide product liability cases against American Honda Motor Corp. after finding that the controversial district judge erroneously granted class certification.

Suit Alleges Teva's Pergolide Damaged Heart Valves

Thursday, Jul 24, 2008

Teva Pharmaceuticals USA Inc. has been hit with a suit claiming that pergolide, its now-withdrawn generic treatment for restless leg syndrome, causes heart valve damage, making Teva the third company to face a suit over restless leg drugs.

1 Of 3 Claims In T-Mobile Suit Headed To Arbitration

Thursday, Jul 24, 2008

A federal judge has partially granted T-Mobile USA Inc.'s motion to compel arbitration in a proposed class action filed by three customers over roaming fees.

Shipping Co. Faces Criminal Charges For Oil Spill

Thursday, Jul 24, 2008

A federal grand jury has issued a criminal indictment against shipping company Fleet Management Ltd., charging it with negligence and falsifying documents relating to the operation of its ship, which spilled thousands of gallons of oil into the San Francisco Bay in 2007.

Honeywell To Pay $3M In Air Quality Settlement

Wednesday, Jul 23, 2008

Honeywell Aerospace, a manufacturer of products and services for the aerospace industry, has agreed to pay over $3 million to Arizona's Maricopa County to settle alleged air quality violations at eight of its Phoenix-area facilities.

GSK Snags Former FDA General Counsel Dan Troy

Wednesday, Jul 23, 2008

As a litigator with regulatory experience, Dan Troy brings a unique vantage point to his newest role as general counsel and senior vice president at GlaxoSmithKline, where he is set to face a U.S. Department of Justice probe of the company's antidepressant Paxil and charges that the company delayed a generic release to keep profits high.

Appeals Court Nixes Philip Morris Punitive Damages

Wednesday, Jul 23, 2008

A New York state appellate court has ruled that New York residents cannot sue tobacco companies for punitive damages because the state is a party to a $248 billion master settlement agreement with the companies.

BP Settles With 4 More Plaintiffs In Texas City Case

Wednesday, Jul 23, 2008

After nine weeks of litigation, BP Plc has reached out-of-court settlements with the four remaining plaintiffs in a product liability trial stemming from a 2005 explosion at the company’s Texas City, Texas, plant.

Some Claims Tossed In Faulty HVAC Valve Dispute

Wednesday, Jul 23, 2008

A federal judge has dismissed three counts of an air conditioning installer's $12 million complaint alleging that the Milwaukee Valve Co. Inc.'s products were improperly designed.

Sen. Criticizes FDA For Salmonella In Peppers

Wednesday, Jul 23, 2008

U.S. Sen. Hillary Clinton (D-N.Y) has chastised the U.S. Food and Drug Administration after the agency's announcement that it detected in a jalapeno pepper sample a strain of salmonella blamed for an outbreak that affected more than 1,200 people.

Fedders Fights Bid To Approve Suit Over Boy's Death

Wednesday, Jul 23, 2008

Fedders Corp. has asked a bankruptcy court to reject a motion that would allow a couple who claims a defective air conditioner caused a fire that killed their son to proceed with a liability suit against the company.

Regulators Conclude Merck's Gardasil Is Safe

Wednesday, Jul 23, 2008

U.S. regulators concluded Tuesday that Merck & Co. Inc.’s Gardasil remains safe and effective protection against a virus that causes cervical cancer despite reports of adverse effects, including death and paralysis.

Sara Lee To Update Stale Labels On Bread Bags

Tuesday, Jul 22, 2008

Sara Lee Corp. has agreed to change some claims on the labels for its Soft & Smooth white bread with whole grains after an advocacy group threatened to sue the company over the allegedly misleading labels.

Comcast Hit With Suit Alleging It Blocks P2P Sharing

Tuesday, Jul 22, 2008

An Internet network professional and Comcast Corp. customer has lodged a proposed class action against the company over its alleged policy of blocking peer-to-peer file-sharing programs.

EPA Gets Heat Over Proposed Waste Permit

Tuesday, Jul 22, 2008

A group of Democratic lawmakers urged the U.S. Environmental Protection Agency on Tuesday to prevent a French company from sending a chemical that has been linked to serious health problems to the United States to be incinerated in Texas.

FDA Warns Anika About 'Adulterated' Devices

Tuesday, Jul 22, 2008

The U.S. Food and Drug Administration has warned Anika Therapeutics Inc. that it must take corrective actions to remedy a slew of manufacturing violations at the medical device maker’s Woburn, Mass., facility, according to a letter made public Monday by the agency.

Guest Column
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Inchoate Toxic Injury: Lessons For Defense Counsel

The Avila v. Willits case provides a helpful primer on how to take aggressive action to dispose of “inchoate toxic injury” claims such as medical monitoring and toxic trespass early in the litigation when there is no basis for believing that they will ripen into viable injury claims, says Heather L. Hodges of Crowell & Moring LLP.

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