Frank Talbott at McGuireWoods LLP

State Court Rejection of Federal Preemption in Product Liability Claim Highlights Uncertainty for Manufacturers

On Feb. 11, 2025, the Missouri Court of Appeals for the Eastern District in Durnell v. Monsanto Co., upheld a jury verdict awarding $1.25 million in compensatory damages to plaintiff John Durnell from defendant Monsanto Co....more

3/11/2025 / Appeals , Consumer Protection Laws , Environmental Protection Agency (EPA) , Failure To Warn , FIFRA , Manufacturers , Preemption , Product Defects , Product Labels , Strict Product Liability

Titanium Dioxide: The Next Big Chemical Compound Driving Class Action Litigation?

A recent lawsuit alleges that Skittles consumers “are at heightened risk of a host of health effects” because Skittles uses titanium dioxide (TiO2). TiO2 is considered an inert and safe material, and for decades has been...more

9/12/2022 / Chemicals , Class Action , Food Safety

Sixth Circuit Holds Class Certification Evidence Does Not Have to be Admissible

The Sixth Circuit Court of Appeals’ recent opinion in Lyngaas v. Curaden AG (“Lyngaas”), has important implications for federal class actions regarding personal jurisdiction and the use of non-admissible evidence to support...more

4/1/2021 / Admissible Evidence , Class Action , Class Certification , Corporate Counsel , Evidence

Seventh Circuit Rejects the “Reasonable Indication” Approach For Class Member Opt-Outs

Recently, in the Matter of Navistar MaxxForce Engines Mktg., Sales Practices, & Prod. Liab. Litig. (“Navistar”), the Seventh Circuit Court of Appeals was asked to adopt the “reasonable indication” approach, which would allow...more

3/18/2021 / Class Action , Class Members , Opt-Outs , Settlement

Supreme Court Opens Door for Nominal Damages to Satisfy Article III Standing Requirement

In Uzuegbnam v. Preczewski, the Supreme Court held that the award of nominal damages is sufficient to redress a past injury, satisfying Article III’s redressability requirement. While at first blush, the opinion may appear...more

3/16/2021 / First Amendment , Mootness , Nominal Damages , Religious Expression , School Policies , SCOTUS , Standing , Uzuegbunam v Preczewski

Firearms Manufacturers Shoot Down Class Action With Article III Defense

Since the Supreme Court’s May 16, 2016 decision in Spokeo, Inc. v. Robins, Article III standing has continued to be a major focus in federal courts. The Sixth Circuit’s opinion in Primus Group, LLC v. Smith & Wesson Corp.,...more

2/10/2021 / Article III , Class Action , Firearms , Injury-in-Fact , Manufacturers , Standing

Eleventh Circuit Deepens Circuit Split on Administrative Feasibility

Earlier this week, the Eleventh Circuit joined the Second, Sixth, Eighth, and Ninth Circuits in rejecting administrative feasibility as a prerequisite to certification under Rule 23, deepening a split with the First, Third,...more

2/8/2021 / Administrative Feasibility , Ascertainable Class , Class Action , Class Certification , FRCP 23 , Split of Authority

To Win Punitive Damages for Pervasive Conduct in California, Plaintiff Must Specify Wrongdoer

In a recent unpublished opinion, California’s 2nd District Court of Appeal handed down a potentially significant opinion on the application of punitive damages. In Morgan v. J-M Manufacturing Co. (Case. No. B297393), the...more

2/4/2021 / Appeals , Asbestos , Compensatory Damages , Damages , Punitive Damages

Trio of Decisions Temper Rash of Pesticide Food-Labeling Lawsuits

Pesticide suits may not have the staying power many in the food world feared, after all. Following news of the first billion-dollar verdict against the manufacturer of Roundup®, food and beverage companies braced as a series...more

8/8/2019 / Beverage Manufacturers , Food Labeling , Food Manufacturers , Natural Products , Pesticides

Agriculture Department Proposes Bioengineered Food Disclosure Standard

On May 4, the Agricultural Marketing Service (AMS) of the U.S. Department of Agriculture announced a proposed rule to establish a national disclosure standard for foods that may contain bioengineered ingredients. AMS now...more

6/1/2018 / Agricultural Marketing Act , Agricultural Sector , Bioengineering , Disclosure Requirements , Food Labeling , Food Manufacturers , Proposed Rules , USDA

Frank Talbott

McGuireWoods LLP

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