The Roane County judge who presided over the class action trial that awarded a $405 million verdict to class members says that he is likely to reduce the award pursuant to the defendant's post-trial motions.In a hearing on March 5, Judge Tom Evans indicated that he agreed with an argument made by counsel for Chesapeake Energy Corp. and NiSource Inc. that the jury inflated damages by 30%. If the...
A December mining accident in Monongalia County that resulted in the death of a miner has been blamed on a failure by the operator to make sure that the mine was safe. John Elliott of Newburg, West Virginia was killed on December 17 when the roof collapsed in the Dana Mining Company mine he was working in.The Office of Miners' Health, Safety and Training blames the accident on a failure by...
ConAgra Foods has extended the peanut butter recall for its Peter Pan and Great Value brands to October 2004 due to possible salmonella contamination. The recall includes all peanut butter, as well as a number of topping products incorporating the peanut butter used in restaurants throughout the US.Numerous people have been sickened by the outbreak of salmonella caused by the peanut butter. ...
The Supreme Court has overturned a $79.5 million punitive damages verdict against Philip Morris for the death of a smoker. The verdict came from an Oregon jury who had awarded the verdict to the widow of a man who was a longtime smoker of Marlboro cigarettes.In Philip Morris USA v. Williams, the Court narrowly decided in a 5-4 decision to overturn the award, basing its ruling on a finding that...
The FDA has indicated that the contamination of peanut butter manufactured by ConAgra Foods may have been due to dirty jars and equipment.Additionally, the recall was again expanded. The recall had previously included all Peter Pan and Great Value peanut butter made from May, 2006, forward, but now includes all peanut butter made by ConAgra at its Sylvester, Georgia plant from December 2005...
Samsung Semiconductor, Inc. and Samsung Electronics Company, Ltd. have agreed to a $90 million settlement of a class action lawsuit filed on behalf of indirect purchasers of DRAM computer chips.Lawsuits were originally filed in numerous states on behalf of consumers who indirectly purchased DRAM or products containing DRAM from January 1, 1999, to December 31, 2002. The suits alleged that...
The peanut butter recall affecting the Peter Pan and Great Value brands manufactured by ConAgra Foods, and contaminated by salmonella continues to grow. Initially, the recall affected only those jars of peanut butter with a product code that begins 2111, which included all jars manufactured by ConAgra since May, 2006. However, it appears even more products are at issue.Today, the FDA has...
Preliminary approval has been given to a proposed settlement of a class action lawsuit against paint manufacturers, Sherwin-Williams Co. and PPG Industries Inc. alleging price fixing of auto refinishing paint.According to court filings, under the proposed settlement PPG Industries, the world's second-largest car-paint maker, will pay $23 million, and Sherwin-Williams, the largest U.S. paint...
A train accident caused residents of Handley, West Virginia, to evacuate their homes on February 6. The train was carrying liquefied petroleum, sodium hydroxide solution, and chlorobenzene. According to reports 18 cars went off the track. No injuries were reported, and emergency officials indicated that there were no chemical leaks. However, 300 residents were temporarily evacuated, and...
The Fourth Circuit Court of Appeals has upheld the invalidation of a Maryland law that would have required Wal-Mart to spend more money on employee health care.The law would have required Wal-Mart and all other non-governmental employers with more than 10,000 workers to spend 8% of their payroll on healthcare or pay the difference in taxes to the state. The Retail Industry Leaders Association,...
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