• 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…
  • Blackwell Burke P.A. Scores Major Defense Victory in Consumer Popcorn Case

    Minneapolis law firm Blackwell Burke P.A. successfully defended international food manufacturer ConAgra Foods Inc. in the nation’s first two consumer product liability cases brought to trial where consumers claimed lung disease from exposure to microwave popcorn vapors. Although so-called “popcorn lung” suits have resulted in significant verdicts and settlements on behalf of industrial workers, these defense victories in consumer cases deliver a one-two punch against similar cases filed across the country. 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…
  • Blackwell Burke P.A. Wins Summary Judgment After 5-Hour Daubert Hearing

    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. Blackwell Burke’s extensive experience with food safety issues, their understanding of the science of food production…

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