• U.S. Supreme Court Victory

    The Supreme Court of the United States denied the certiorari petition of Dr. David Egilman in sub. nom. Egilman v. ConAgra Foods, Inc., 133 S. Ct. 1583.  The U.S. Court of Appeals for the Ninth Circuit had affirmed the district court’s exclusion of Dr. Egilman’s testimony and grant of summary judgment to Blackwell Burke client ConAgra in one of the nation’s first consumer “popcorn lung” cases.  By declining Dr. Egilman’s petition, the Supreme Court leaves in place the Ninth Circuit’s decision that affirmed Blackwell Burke’s district court victory. Dr. Egilman, an expert witness for the plaintiff in the district court proceedings,…
  • Blackwell Burke P.A. Wins Dismissal of Hebrew National Putative Nationwide Class Action

    Blackwell Burke P.A. obtained a complete defense victory on behalf of firm client ConAgra Foods, Inc. in federal district court in Minnesota. The dismissal with prejudice comes in a putative nationwide class action where consumers alleged that ConAgra’s Hebrew National brand beef products were not “100% kosher” as advertised. In deciding that the plaintiffs’ claims were barred by the First Amendment’s Establishment Clause, the Court concluded: “The definition of the word ‘kosher’ is intrinsically religious in nature, and this Court may not entertain a lawsuit that will require it to evaluate the veracity of Defendant’s representations that its Hebrew National…
  • Blackwell Burke P.A. Wins Summary Judgment Victory for ExxonMobil

    On January 22, 2013, a New Jersey federal district court granted summary judgment in favor of Blackwell Burke client ExxonMobil Oil Corporation. In JOC Inc. v. ExxonMobil Oil Corp., No. 2:08-cv-05344-SRC-CLW (D.N.J.), the plaintiff, a former franchisee, brought claims for price discrimination and breach of contract. The plaintiff claimed that ExxonMobil’s use of “zone pricing” constituted illegal price discrimination and that ExxonMobil had also violated several provisions of the parties’ franchise agreement. In a 53-page opinion, the court agreed with Blackwell Burke’s arguments that the plaintiff’s claims were either legally barred or lacked sufficient evidence to proceed to trial. The court also…
  • Appeals Court Affirms Blackwell Burke P.A.’s Jury Verdict

    On Tuesday, March 6, the Missouri Court of Appeals (Western District) affirmed Blackwell Burke P.A.’s July 30, 2010 trial court victory on behalf of international food manufacturer ConAgra Foods Inc. in Khoury v. ConAgra Foods in a 19-page opinion.  The lower 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 founding partner Jerry W. Blackwell was lead counsel and partner Corey L. Gordon was second chair.  Gordon argued the appeal. In the Khoury appeal, the plaintiffs unsuccessfully argued that the trial court had erred in sustaining Blackwell and Gordon’s objections…
  • Blackwell Burke P.A. Victorious in Ninth Circuit Appeal

    The United States Court of Appeals for the Ninth Circuit affirmed Blackwell Burke P.A.’s district court victory on behalf of international food manufacturer ConAgra Foods Inc. in Newkirk v. ConAgra Foods Inc., 727 F. Supp. 2d 1006 (E.D. Wash. 2010). The lower court decision had granted summary judgment to ConAgra and precluded the plaintiff’s expert testimony in one of the nation’s first consumer “popcorn lung” cases. This victory came eleven days after Blackwell Burke partner Corey L. Gordon argued the appeal, and almost exactly a year after the original district court win. Blackwell Burke attorneys are experienced trial lawyers who handle…
  • Blackwell Burke P.A. Wins Summary Jury Trial

    Minneapolis law firm Blackwell Burke P.A. successfully defended global manufacturer (and third-party defendant) Vishay Intertechnology Inc. in a summary jury trial in the United States Federal Court District of Minnesota. Cannon Technologies Inc. sued Sensus Metering Systems Inc. for breach of implied warranty alleging that Sensus had manufactured defective electrical meters. Blackwell Burke P.A. represented Vishay against Sensus’s third-party complaint alleging that Vishay had provided a defective component for Sensus’s meters. A summary jury found that Blackwell Burke P.A. client Vishay did not breach an implied warranty to Sensus. In contrast, the summary jury found that Sensus breached its implied…

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