Blackwell Burke P.A. Wins Ninth Circuit Appeal

The Ninth Circuit has rejected a professional expert witness’s attempt to independently appeal the Daubert decision that excluded his testimony. In Egilman v. ConAgra Foods Inc., No. 10-35667, the appellate court found that the expert lacked independent standing to appeal the Daubert decision of the trial court in Newkirk v. ConAgra Foods Inc., 727 F. Supp. 2d 1006 (E.D. Wash. 2010), which the Ninth Circuit had already affirmed in a prior decision, 438 Fed. Appx. 607 (9th Cir. 2011).  Blackwell Burke successfully argued the original Daubert motion, the original appeal, and now the attempt by the excluded expert to independently appeal the exclusion of his testimony.

Blackwell Burke serves as national counsel for ConAgra Foods, Inc. in connection with litigation brought against ConAgra involving allegations that its microwave popcorn caused lung injuries in consumers. In addition to the defense win on Daubert and summary judgment, firm partners Jerry W. Blackwell and Corey  L. Gordon also won a defense jury verdict after a month-long trial in Missouri state court involving similar issues. That verdict, in 2010, was upheld on appeal by the Missouri Court of Appeals and the Missouri Supreme Court.

Blackwell Burke attorneys are experienced trial lawyers who handle complex litigation involving novel scientific claims. They are accustomed to deconstructing tough scientific issues and, particularly, debunking “junk science.” Successes like Newkirk and Khoury make Blackwell Burke attorneys sought-after advocates in cases of scientific first impression. Blackwell Burke attorneys lecture on successful approaches to Daubert motions and jury trials, discovery and research, finding and working with real experts, graphics and demonstrations, persuasive arguments, effective cross examination, and how to “bring home” a defense verdict in cases involving complicated scientific issues.

Blackwell Burke’s food safety attorneys represent major food manufacturers as well as food distributors, retailers, and restaurants. Areas of practice include litigation, arbitration, regulatory and administrative actions, third-party discovery issues, and other legal matters. They have successfully represented institutional clients in claims involving food borne illnesses (including E. coli and salmonella), ingredients, product recalls, adulteration and contamination, packaging, product warnings and instructions, processing procedures, kill steps, and other food safety issues. The firm also has experience working with issues involving Good Manufacturing Practices (GMP) and Hazard Analysis and Critical Control Point (HACCP) matters.

For more information about Blackwell Burke P.A. or this appeal, please contact Kandy Branch at 612-343-3235.