Sentences with phrase «court against the manufacturers»

Spirax - Sarco and its subsidiary Spirax - Sarco Engineering (China) on various civil proceedings in the Intermediate People's Court against the manufacturers and distributors of counterfeit goods, including two trademark oppositions to the China Trademark Office

Not exact matches

The Town of Amherst is set to file a lawsuit in State Supreme Court against major manufacturers and distributors of opioid pain medication, accusing the companies of public nuisance, fraud, negligence and unfair business practices.

Judge Carlos Lucero, in a partial dissent, argued against such immunity: «The notion that a device manufacturer is immune from liability for harm caused by its device when the manufacturer has pushed the device for a use that the [U.S. Food and Drug Administration] never approved is neither logical nor consistent with the Supreme Court's prior rulings about the scope of preemption of claims arising from harm caused by medical devices.»

Jaguar Land Rover boss Ralf Speth has said companies are «powerless» to stop Chinese manufacturers from copying their designs, after JLR's challenge against Land Wind was thrown out by the Chinese courts.

The Natural Resources Defense Council (NRDC) filed a lawsuit in a California Superior Court against 16 retailers and manufacturers of chemical flea collars (including Hartz, Zodiac, and Bio-Spot) claiming failure to warn consumers that they were being exposed to toxic chemicals.

This past May, a year after Purina filed a false advertising lawsuit against Blue Buffalo, the Wilton, Conn. - based pet food manufacturer admitted in court that a «substantial» and «material» portion of Blue Buffalo pet food sold to consumers contained poultry by - product meal, despite advertising claims to the contrary.

Other matters the project has handled include a 2013 state court action that resulted in a $ 1.1 billion judgment against three lead - paint manufacturers, and Hollingsworth v. Perry, which argued that California's same - sex marriage ban was unconstitutional.

Korean manufacturer of copper cables in Hong Kong High Court proceedings against sales agents alleged to have defrauded principal of millions of dollars including related proceedings in Mainland China

Because the lighter was fit for its ordinary purpose of producing a flame, the Court found that it was merchantable, and thus, no claim for breach of the implied warranty of merchantability was cognizable against the manufacturer.

Served as trial counsel for a major national manufacturer in a lengthy NLRB proceeding in which the client prevailed on bad faith bargaining, secondary boycott and threat of violence charges against the Teamsters Union, secured three separate federal court injunctions against the Union and won an unprecedented award of attorneys» fees and litigation costs [reported at 334 NLRB No. 137]

Supreme Court Holds Warning Claims Against Generic Drug Manufacturers Are Preempted - Product Liability Update

Two Massachusetts plaintiffs were left with bad tastes in their mouths after the state Appeals Court refused to give class action status to their lawsuits against the manufacturer of Listerine mouthwash.

The article also should have reported that the state court ruling that resulted in a $ 1.1 billion judgment against lead - paint manufacturers occurred in 2013.

The high court is also unimpressed with the fact that the drug giving rise to the product liability was distributed by a California company, presumably because the cause of action in question in the case was brought against the manufacturer as a strict liability defective product claim, rather than as a claim against a seller of the product arising from a warranty that the product was free of defects arising under the Uniform Commercial Code or an express warranty.

Notable examples include acting for accountants in long - running litigation arising out of a failed tax avoidance scheme; acting for the developer and manufacturer of an offshore drilling system following an accident in operation; representing one of the Defendants in Novoship v Mikhaylyuk & Others, concerning allegations of bribery and secret profits; appearing in a substantial LCIA arbitration about the theft of oil stocks in East Africa;, successfully representing a broker in litigation against a former client under a futures brokerage contract in Sucden v Fluxo - Cane [2010] 2 CLC 216; and The «Ekha» [2011] 1 All ER Comm 1077, long - running litigation in the Commercial Court and Court of Appeal about an offshore drilling contract.

If the prospect of a personal injury claim against an e-cigarette manufacturer seems too remote a prospect at present, it is perhaps more certain that «big tobacco» will be back in court over the next 12 months, with BAT promising to resist any legislation for plain packaging of conventional cigarettes, and to counter moves to more closely regulate e-cigarette marketing.

Obtained dismissal in federal district court of several causes of action, which led to an innovative nationwide settlement of a RICO class action against a building products manufacturer.

Mr. Whitney's representative work includes a series of successful outcomes pursuing false advertising claims against product review websites, a landmark victory clarifying copyright fair use and parody on behalf of several well - known musicians; a defense win dismissing copyright infringement claims brought by a putative class of attorneys against the leading legal research websites; a favorable outcome for a high - end beauty products company in a trademark and trade dress action against a manufacturer of knock - off products; a district and appellate court decision dismissing all claims by a proposed class against an international bank for alleged violations of, among other things, the Federal False Marking Act, RICO and the CAN - SPAM Act; and counseling prominent art museums and galleries on domestic and international copyright issues.

Established new precedent in North Carolina by obtaining favorable ruling from the 4th Circuit Court of Appeals holding that no implied warranty claims could be brought against manufacturer of component parts incorporated into construction project.

Here is a month - old news story that completely passed me by: Three Feb. 22 decisions from the 2nd U.S. Circuit Court of Appeals unanimously rejected claims for damages brought by U.S. veterans and Vietnamese nationals against manufacturers of the defoliant Agent Orange, used by the U.S. military in Vietnam.

At the same time, the Act of God defense, which previously had been used to routinely dismiss lawsuits against manufacturers, was essentially discarded by the courts and no longer allowed.

A U.S. District Court Judge in the Central District of California today dismissed a putative national class action brought against Umeken USA, Inc., a leading manufacturer of dietary supplements and its Chief Executive Officer.

Successfully defended a manufacturer of nutritional supplements against a proposed nationwide consumer product class action brought in California state court.

The decision results from a petition for a writ of mandamus filed by TC Heartland, a liquid sweetener manufacturer that was sued for patent infringement in the U.S. District Court for the District of Delaware, in its attempt to have the action against it transferred to a more favorable forum.

In Verticor, Ltd. v. Wood, an appellate court considered whether personal injury lawsuits against a medical device manufacturer count as health care liability claims for the purposes of the Texas Medical Liability Act (TMLA).

Successfully represented an industrial manufacturer in a trade secret misappropriation litigation against a former employee in the Business Litigation Session of the Massachusetts Superior Court.

This means that your lawsuit against the responsible parties, including the retailer, distributor and manufacturer, must be filed in the correct court within 4 years of the accident, or else your case may be forever barred.

And third, in even the two most favorable jurisdictions for Wyeth — in California and Utah, where the highest courts of those states have categorically rejected strict liability design defect claims involving prescription drugs — courts recognize that negligent design defect claims against prescription drug manufacturers may still be pursued.

A recent Supreme Court ruling is limiting court actions by injured patients who have filed claims against manufacturers of generic dCourt ruling is limiting court actions by injured patients who have filed claims against manufacturers of generic dcourt actions by injured patients who have filed claims against manufacturers of generic drugs.

[25] Judge Dennis F. Saylor IV articulated this point by emphasizing the consistency of the Circuit Courts» decisions and citing to a Sixth Circuit multi-district litigation holding «affirming the dismissal of claims against brand - name manufacturers under the laws of 22 states.»

Whether this statute applied to asbestos claims against manufacturers posed an issue of first impression for the Court.

He has successfully defended a heavy equipment manufacturer against personal injury claims in a $ 9 million state court trial and has represented many other clients in various multimillion - dollar cases.

Successfully represented vaporizer product manufacturer and distributor against main competitor in patent infringement action to a highly favorable claim construction ruling by the Court.

According to the report, over 2,000 cases have been filed in courts nationwide against the manufacturers of baby powders and other hygiene products containing talc.

Cited in Newsweek, The Wall Street Journal, The Economist, and other foreign press, Lex Machina uncovers all district court cases filed from 2006 through 2011 against mobile handset manufacturers in which a mobile handset was the accused product.

The dispute before the district court involved a patent infringement action by diaper manufacturer SCA Hygiene against First Quality Baby Products, a competing manufacturer.

More Blog Posts: Massachusetts Vaginal Mesh Lawsuit Can Proceed, Says Appeals Court, Drug Injury Lawyers Blog, October 18, 2013 Transvaginal Mesh Lawsuits Continue to Be Brought Against CR Bard, Boston Scientific, American Medical Systems, Other Medical Device Manufacturers, Drug Injury Lawyers Blog, July 17, 2013 Vaginal Mesh Injuries Lead to Boston Defective Medical Device Lawsuits, Boston Injury Lawyer Blog, September 22, 2011

FDA Warns of Rare Acetaminophen Risk, FDA Acetaminophen, Medline Plus More Blog Posts: Women Suffering from Mirena IUD Complications May Have Recourse Against Manufacturer, Massachusetts Drug Injury Lawyers, October 21, 2013 Massachusetts Vaginal Mesh Lawsuit Can Proceed, Says Appeals Court, Massachusetts Drug Injury Lawyers, October 18, 2013 Boston Truck Accident Lawsuit Seeks Damages In Graduate Student's Allston Bicycle Death, Boston Injury Lawyer

Defended pharmaceutical manufacturer against breach of contract and fraud claims asserted by a drug broker in Ohio federal court that settled after one week of trial.

Our Sydney partners have represented clients in some of Australia's largest and most complex corporate collapses, crises, disasters, and class actions, including HIH, World Trade Center litigation, Ensham Resources, Babcock & Brown liquidation proceedings, the James Hardie Royal Commission, a class action against the Bank of Queensland and currently running six class actions in the Supreme Court of NSW against vehicle manufacturers arising out of the Takata airbags recalls; as well as presently (as a matter of public record): Arup Pty Ltd, Aurizon, Forge Group, ICICI Bank, NuCoal Ltd, South32, Macquarie Bank, Deloitte, and Viva Energy (amongst others).

High dollar award judgments and a supreme court that allowed a plaintiff to bring suit against a company for another manufacturer's product have given Alabama a less - than - stellar litigation reputation.

Defeated class certification of Florida Deceptive and Unfair Trade Practices Act (FDUTPA) and implied warranty claims in federal court cases involving claims against airplane part manufacturer and dental implant manufacturer; Defense of automotive class actions has led to several appellate decisions making certification of such claims very difficult in Florida.

Prevailed on a motion to dismiss all claims, with prejudice, in a putative class action against an auto manufacturer in federal court in Los Angeles.

One of the highest value claims in Manchester, against the manufacturer of a highly technical product used in property development, at trial and then in the Court of Appeal;

The founder of the Trunki has lost his Supreme Court case against the manufacturer of a rival children's suitcase, in a design rights battle that could have far - reaching implications for intellectual property.

The Court thus upheld the jury award against the manufacturer, and only remanded the case to adjust the damage award to reflect proper application of the Maine comparative negligence statute.

Defending a major manufacturer and importer investigated by the Environment Agency for non-compliance with the Producer Responsibility (Packaging Waste) Regulations 2005 - including advising them during the interview under caution, making representations against the prosecution and appearing at numerous court hearings.

The court of appeal dealt with the issue in Hughes v. Sunbeam Corp., [2002] O.J. No. 3457, in which the plaintiff had a direct cause of action against only one of the defendant manufacturers.

Lee v. Carter - Reed, 203 N.J. 496 (2010)(in a case concerning deceptive - trade - practices claims against a dietary supplement manufacturer, the New Jersey Supreme Court reversed the lower court's denial of class certification and adopted our brief's analytical framework based on the economic concept of «credence goods»)(counsel for amici curiae consumer grCourt reversed the lower court's denial of class certification and adopted our brief's analytical framework based on the economic concept of «credence goods»)(counsel for amici curiae consumer grcourt's denial of class certification and adopted our brief's analytical framework based on the economic concept of «credence goods»)(counsel for amici curiae consumer groups)

Court Finds That Plaintiff's Lawsuit Against Truck Manufacturer Failed to Establish Design Defect