Law 360 and the Drug and Device Law Blog each recently explored Blackwell Burke P.A.’s recent victory in Egilman v. ConAgra Foods Inc., No. 10-35667. In Egilman, the United States Court of Appeals for the Ninth Circuit dismissed the plaintiff’s expert’s independent appeal of a lower court decision that precluded the expert’s testimony and granted summary judgment to Blackwell Burke client ConAgra in one of the nation’s first consumer “popcorn lung” cases. The plaintiff’s expert argued on appeal that the district court judge’s 70-page Daubert opinion damaged his ability to make a livelihood. Blackwell Burke attorneys argued that the plaintiff’s expert did not have standing to appeal the lower court’s order. The Ninth Circuit agreed affirming Blackwell Burke’s trial victory and an earlier appeal in this case.
The Law 360 article, “Expert Can’t Appeal Exclusion of Testimony, 9th Circ. Says,” discussed Egilman’s attempt to appeal the lower court’s decision to exclude his testimony. Had the Ninth Circuit heard the expert’s appeal, they would have departed from the general rule that only parties may appeal an adverse ruling. The article quoted firm partner Corey L. Gordon on the unusual nature of the expert’s appeal. The Law 360 article is available here.
The Drug and Device Law Blog gave an overview of this expert’s recurring role in “popcorn lung” cases. The post, “The Egilman Chronicles,” details where the expert fell short in meeting evidentiary standards for admissibility in “popcorn lung” cases successfully defended by Blackwell Burke. This blog post is available here.
Blackwell Burke P.A., a litigation and trial boutique in Minneapolis, Minnesota, serves as national trial and litigation counsel for numerous Fortune 500 companies. This includes representing ConAgra Foods, Inc. as national counsel in connection with litigation brought against ConAgra involving allegations that its microwave popcorn caused lung injuries in consumers. The firm has extensive experience in class action defense, commercial litigation, food industry defense, labor and employment, products liability, and toxic tort defense. The firm has represented corporate clients in practically every jurisdiction in the country, as well as several foreign countries.
For more information about Blackwell Burke P.A. or this appeal, please contact Kandy Branch at 612-343-3235.