• 09.07.12

    Law 360 and Drug and Device Law Blog Discuss Blackwell Burke P.A.’s Ninth Circuit Victory

    Law 360 and the Drug and Device Law Blog each recently explored Blackwell Burke P.A.’s  recent  victory in Egilman v. ConAgra Foods Inc., No. 10-35667.  In Egilman, the United States Court of Appeals for the Ninth Circuit dismissed the plaintiff’s expert’s independent appeal of a lower court decision that precluded the expert’s testimony and granted summary judgment to Blackwell Burke client ConAgra in one of the nation’s first consumer “popcorn lung” cases. The plaintiff’s expert argued on appeal that the district court judge’s 70-page Daubert opinion damaged his ability to make a livelihood.  Blackwell Burke attorneys argued that the plaintiff’s expert did not have…
  • 09.05.12

    Blackwell Burke P.A. Wins Ninth Circuit Appeal

    The Ninth Circuit has rejected a professional expert witness’s attempt to independently appeal the Daubert decision that excluded his testimony. In Egilman v. ConAgra Foods Inc., No. 10-35667, the appellate court found that the expert lacked independent standing to appeal the Daubert decision of the trial court in Newkirk v. ConAgra Foods Inc., 727 F. Supp. 2d 1006 (E.D. Wash. 2010), which the Ninth Circuit had already affirmed in a prior decision, 438 Fed. Appx. 607 (9th Cir. 2011).  Blackwell Burke successfully argued the original Daubert motion, the original appeal, and now the attempt by the excluded expert to independently appeal the exclusion of his testimony. Blackwell Burke…
  • 08.06.12

    Blackwell Burke P.A. Chairman Jerry W. Blackwell Featured in Star Tribune Viewpoint Article

    Star Tribune reporter Dave Phelps recently interviewed Blackwell Burke P.A. chairman and founding partner Jerry W. Blackwell. The Q-and-A style interview discussed Mr. Blackwell’s career as a trial lawyer, the firm, and how to explain complex cases to jurors. The full article is available on the Star Tribune website. Mr. Blackwell is an accomplished trial lawyer. He serves as national counsel and national trial counsel for major corporations, having represented them in federal and state courts in 47 states and internationally. Mr. Blackwell has received numerous honors, including: being a BTI Client Service All-Star; being named Minnesota Attorney of the Year;…
  • 07.26.12

    Blackwell Burke P.A. Partner Peter J. Goss Comments on Proposed Drug Legislation

    Blackwell Burke P.A. partner Peter J. Goss was quoted in a recent Law360 article discussing legislation introduced in Congress requiring manufacturers of opiate painkillers to make the drugs more difficult to convert into a form susceptible to abuse. Goss commented on the economic impact that this law could have on generic drug makers by requiring them to develop or license anti-abuse technology. The article is available here. Mr. Goss focuses his national practice on pharmaceutical and medical device product liability litigation and toxic torts. He has represented major pharmaceutical, medical technology, and chemical firms in hundreds of cases. Mr. Goss,…
  • 07.19.12

    Super Lawyers Recognizes Jerry W. Blackwell

    Blackwell Burke P.A. chairman Jerry W. Blackwell has been honored by Super Lawyers.  Mr. Blackwell, the firm’s founding partner, was recently named a 2012 Super Lawyer.  He has been named a Super Lawyer every year since 2002.  This honor recognizes attorneys in Minnesota based on peer nominations and through independent research. Mr. Blackwell is an accomplished trial lawyer.  He serves as national counsel and national trial counsel for major corporations, having represented them in federal and state courts in 47 states and internationally.   His practice areas include class action defense, commercial litigation, food industry defense, labor and employment, products liability, and toxic tort litigation.  Mr. Blackwell…
  • 07.05.12

    Supreme Court of Missouri Denies Plaintiffs’ Petition for Review, Affirming Blackwell Burke P.A. Trial Victory

    On Tuesday, July 3, the Supreme Court of Missouri denied the plaintiffs' petition to review the Missouri Court of Appeals decision in Khoury v. ConAgra Foods. The intermediate court had affirmed Blackwell Burke P.A.’s July 30, 2010 trial court victory on behalf of international food manufacturer ConAgra Foods, Inc. The Court’s denial of the plaintiffs' petition lets stand the Western District’s opinion and Blackwell Burke P.A.’s jury trial victory in this case. The trial court judgment, upon jury verdict, awarded a complete defense victory to ConAgra in the first consumer “popcorn lung” case to reach a jury. At trial, firm…

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