Department of Justice seeks to Hammer Lumber Liquidators

5/1/2015 The old adage still remains true even if the names have changed. As a business owner, when 60-Minutes comes to your door, it is probably not going to be a good day. Lumber Liquidators is the largest hardwood flooring retailer in the world, with annual revenues of over a billion dollars. Yet, that may


Medtronic’s Preemption Win in the 10th Circuit – With An Interesting Twist

The Tenth Circuit issued an opinion on Tuesday, finding that state law claims asserted against Medtronic, manufacturer of the InFuse bone growth stimulator were preempted by FDA approval of the medical device under the Medical Device Act (“MDA”). Plaintiff in the case alleged that Medtronic representatives promoted an off-label, posterior surgical approach for the device,


GM Bankruptcy Shield Saves the company Billions, Screws Everybody Else

General Motors won a massive legal victory to the dismay of many former customers when U.S. Bankruptcy Court Judge, Robert Gerber ruled Wednesday, April 15th that the company can retain its bankruptcy shield protection of $10 billion for claims against it involving the massive ignition-switch recall. The ruling helps General Motors avoid potentially billions of


BAP1 As a Possible Genetic Defense in Asbestos Exposure Litigation

BAP1 is a genetic mutation that may possibly increase the chances of developing mesothelioma from asbestos exposure. A few defense attorneys around the country are hoping they can use BAP1 as a possible genetic defense in asbestos exposure litigation. HeplerBroom attorney Rebecca Nickelson is heading the defense team for Georgia Pacific in an ongoing asbestos


NHTSA Chief may Re-open Fiat-Chrysler Gas Tank Investigation

National Highway Transportation Safety Administration (NHTSA) Administrator, Mark Rosekind, has indicated that the nation’s top automotive regulator may take a more aggressive stance toward Fiat-Chrysler following a massive $150 million judgment against the company over the burning death of 4 year-old Remi Walden due to an exploding gas tank on his Aunt’s 1999 Jeep Grand





Landmark Verdict in Talc Related Asbestos Case Upheld

The $1.6M verdict in Kaenzig v. Charles B. Chrystal Co. involved a rarely reported on case of mesolthelioma caused by asbestos in cosmetic-grade talc. Typical asbestos cases involve industrial disease aspects. In fact, plaintiff’s counsel in Kaenzig wasn’t aware of any other talc-related verdicts. It’s believed that this case is the first of its kind


In Defense of the NHTSA

In the wake of the global auto industry facing an enormous amount of recalls and legal actions, the National Highway Transportation Safety Administration (NHTSA) has endured a sizeable amount of scrutiny in recent years. Some, including myself, have raised questions regarding lax testing standards, and allegations of cronyism between the agency and automakers. Given the