• Blackwell Burke P.A. Wins Multi-Million Dollar Contractual Indemnity Lawsuit

    Blackwell Burke P.A. won a complete defense victory on behalf of General Mills in a contractual-indemnity claim. CSX Transportation sought reimbursement for a settlement of $16 million it paid to a former General Mills’ employee following a serious railcar accident at General Mills’ Covington, Georgia facility in 2005. The settlement was made pending CSX’s appeal of a $20.5 million jury verdict against it, based on the jury’s finding that CSX was at fault for the accident. The Court dismissed CSX’s indemnity claims against General Mills, agreeing that it was not contractually required to indemnify CSX for claims arising from CSX’s…
  • Blackwell Burke P.A. Wins Multi-Million Dollar Victory for IBM

    Blackwell Burke P.A. won a complete defense verdict in this bench trial, securing $14,232,000 in termination payments, plus prejudgment interest for IBM. Carlson Inc., a travel and hospitality company, entered into a ten-year master services agreement with IBM, with a total value of $646 million. Carlson claimed IBM misrepresented its expertise to perform on the contract and terminated the agreement. Carlson sued alleging fraudulent inducement, fraud in performance, breach of contract, and breach of fiduciary duties. Carlson sought monetary damages and a declaration that it was entitled to withhold payment on IBM's charges. The judge agreed with IBM that Carlson…
  • Blackwell Burke P.A. Secures Complete Defense Verdict in Asbestos Lawsuit

    Blackwell Burke P.A. won a complete defense verdict for 3M in a Los Angeles County asbestos lawsuit. The California jury rejected the plaintiff’s claims that 3M’s respirator failed to protect him from asbestos fibers. The plaintiff, Angel Rigor, initially demanded $25.5M, which included punitive damages. He claimed he contracted mesothelioma from on-the-job exposure to asbestos over the course of 40 years when he worked as a welder, pipefitter and millwright. Plaintiff sued multiple defendants, four of which remained at the beginning of trial. Three settled during voir dire, and only 3M proceeded through the four-week trial to verdict. The Blackwell…
  • Blackwell Burke P.A. Secures Dismissal of Putative, National Window Class Action

    Blackwell Burke P.A. recently secured a complete defense victory on behalf of a national window manufacturer. Plaintiffs alleged negligent product design and manufacture, breach of express and implied warranties, and fraud, on behalf of a putative, national consumer class in a Minnesota federal district court. The lawsuit arose from plaintiffs’ contention that the insulated glass units in their windows had failed, and that the remedies provided by the manufacturer under the terms of the applicable warranties were inadequate. Plaintiffs sought to void the warranties, arguing, inter alia, that they were unconscionable and failed of their essential purpose. Blackwell Burke P.A.,…
  • Blackwell Burke P.A. Wins Dismissal of Hebrew National Putative Nationwide Class Action – This Time in State Court

    In October 2014, a Minnesota state court dismissed with prejudice a putative nationwide class action brought against firm client, ConAgra Foods, Inc.  This is the third victory for the Blackwell Burke defense team (following published decisions in federal court and the Eighth Circuit) in litigation in which the plaintiffs alleged that ConAgra’s Hebrew National brand beef products were not “100% kosher as advertised.” The Dakota County Court agreed with Blackwell Burke’s arguments that the First Amendment barred the plaintiffs’ claims and that the plaintiffs also lacked constitutional and statutory standing. The case, initially filed in 2012, was first dismissed with…
  • Blackwell Burke Secures Win for General Mills in False Ad Suit Over Nature Valley Bars

    Blackwell Burke P.A. secured a complete victory for General Mills, Inc. in a putative nationwide class action over the alleged false advertising of the company’s Nature Valley snack bars.  The named plaintiffs Tracie Chin and Salvatore Montalbano claimed that the company misled consumers by labeling its Nature Valley snack bars as “100% Natural” when the products contained the allegedly non-natural ingredients, high fructose corn syrup, high maltose corn syrup, and maltodextrin.  The plaintiffs sought certification of a nationwide class of Nature Valley purchasers as well as subclasses of New York and New Jersey buyers, in addition to compensatory, treble and…

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