U.S. Supreme Court Victory
On March 18, 2013, the Supreme Court of the United States denied the certiorari petition of Dr. David Egilman in sub. nom. Egilman v. ConAgra Foods, Inc., docket No. 12-697. 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.
Learn more about this case by reading the related press release.
Blackwell Burke P.A. Wins Dismissal of Hebrew National Putative Nationwide Class Action
On January 31, 2013, 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 products meet any such religious standard.” Blackwell Burke partner Corey L. Gordon argued the First Amendment issue and Jennifer Y. Dukart argued the remaining bases for dismissal.
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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 granted summary judgment in ExxonMobil’s favor on its counterclaim against the former franchisee for contract breach. Partner Benjamin W. Hulse led the defense of ExxonMobil.
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Appeals Court Affirms Blackwell Burke P.A.'s Jury Verdict
On Tuesday, March 6, 2012 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.
Learn more about this case by reading the related press release. The Defense Research Institute's article discussing this appellate victory is available here.
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.
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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.
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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. 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.
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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.
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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.
