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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]