Blackwell Burke P.A. Victorious in Ninth Circuit Appeal
On Friday, June 17, 2011 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. Mr. Gordon, Elizabeth J. Citurs, and Micah Mitchell Hines wrote the brief for the appeal.
Learn more about this case by reading the related press release.
Blackwell Burke P.A. Wins Summary Jury Trial
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. On May 11, 2011, 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 warranty to Cannon resulting in $1.9 million in damages.
Learn more about this case by reading the related press release.
Blackwell Burke P.A. Scores Major Defense Victory in Consumer Popcorn Case
Blackwell Burke P.A. successfully defended international food manufacturer ConAgra Foods Inc. in the nation’s first consumer product liability case brought to trial where consumers claimed lung disease from exposure to microwave popcorn vapors. On July 30, 2010, after a month-long trial in the plaintiffs’ counsel’s home court in Jackson County, Missouri, a jury in the case of Khoury v. ConAgra Foods found in favor of ConAgra Foods on all claims. Firm founder Jerry W. Blackwell served as lead trial counsel and partner Corey Gordon was second chair with senior associate Elizabeth Citurs completing the trial team. Although so-called “popcorn lung” suits have resulted in significant verdicts and settlements on behalf of industrial workers, this defense victory delivers a deafening blow against similar cases filed across the country.
Learn more about this case by reading the related press release.
Blackwell Burke P.A. Wins Summary Judgment After 5-Hour Daubert Hearing
On June 24, 2010, a Washington federal district court judge rendered a 70-page opinion in Newkirk v. ConAgra Foods that awarded summary judgment and dismissed all claims in favor of Blackwell Burke P.A. client ConAgra Foods. Firm Partner Corey Gordon argued in a five-hour Daubert hearing that plaintiffs’ expert witnesses had not applied valid scientific methodology in their efforts to link microwave popcorn use to chronic lung disease. The court agreed. Gordon successfully refuted a primary argument that consumer exposure to popcorn additives was comparable to industrial-level exposure. This case is currently on appeal.
Learn more about this case by reading the related press release.
Blackwell Burke P.A. Founder Jerry W. Blackwell Guides Multinational Corporation to Benzene Victory
In August 2010, Jerry W. Blackwell successfully defended one of the world's largest manufacturing companies in a seven-figure benzene-exposure case in Madison County, Illinois. The jury returned a complete defense verdict after a two-week trial. Mr. Blackwell was co-counsel with attorneys from Tekell Book Allen & Morris LLP, Nilan Johnson Lewis P.A., and Stinson Morrison Hecker LLP.
